The Term “Act of God” and Personal Injury Cases

• October 23 2023
• |   Personal Injury

CAN YOU GET COMPENSATION FOR AN ACT OF GOD IN PERSONAL INJURY CASES?

Was Your Injury Caused by an Act of God or Negligence?

When seeking compensation for personal injury cases, proving the liability of the perceived at-fault party is crucial. If the at-fault party is deemed liable, they will pay for the damages suffered by the victim. However, there are instances when an accident is not the direct fault of a person or entity.

When an accident cannot be traced back to a person and happened because of factors outside human control, it is called an “act of God.” Understanding how acts of God affect personal injury cases is crucial to knowing your chances of winning when it is used as a defense. This blog explains the term “act of God” and how it affects personal injury cases.

If you or a loved one suffered losses or had your case denied due to an act of God, get in touch with a qualified personal injury attorney in Reno,Nevada. You can contact Leverty & Associates Law by dialing (775) 322-6636 for Reno or (702) 507-0201 for Las Vegas.

Why Should You Contact Leverty & Associates Law?

The lawyers at Leverty & Associates Law are committed to caring for our clients during difficult times. Our lawyers have combined experience of over 50 years and an extensive knowledge of how personal injury and insurance cases work. When you contact our law firm, we will accurately assess your case, paying attention to details and offering legal advice based on the facts.

Our legal team is committed and dedicated to every case we handle and does not relent until we have a favorable outcome.

We have won millions of dollars in settlements for our clients, which has led to their positive testimonials. We offer free initial consultations and work on a contingency fee basis, so you don’t have to worry about paying for our services upfront. Contact us today by calling either (775) 322-6636 for Reno or (702) 507-0201 for Las Vegas to schedule a free case evaluation.

What Is an Act of God?

An “act of God” is an unexpected and unforeseeable natural event devoid of human intervention and could not have been prevented even with reasonable care. Acts of God are also acts of nature, like damage caused by a tree falling, not through another person’s negligence.

Examples of an Act of God in Personal Injury Cases

Most defendants in personal injury cases, such as those handled by Reno brain injury lawyers, and insurance companies use acts of God as a defense or excuse not to pay compensation.  For an event to qualify as an act of God, there must have been zero negligence involved.

Examples of acts of God are:

• Wildfires
• Fires caused by lightning strike
• Extreme weather conditions like heavy snow or blizzards
• Hurricanes, tornadoes, or windstorms
• Pandemics
• Flood damage from heavy rain
• Tsunamis and earthquakes, etc.

So, if a healthy tree gets struck by lightning and falls on a house or the road and causes an accident, it is an act of God. For example, in Reno, Nevada, it is common for branches and trees to be brought down in a massive storm.  If one of those branches fell and hit your car or you, that would be an “act of God,” because it would be no fault of another individual.

Suppose it was an aging tree leaning for years close to your house, and your landlord knew the old tree was a problem, but they didn’t do anything about it. This may not fall under the “act of God” category. This is because the landlord should have removed the tree before it fell.

Can You Recover Compensation After an Act of God?

If an act of God caused an accident that left you injured or damaged your property, you might wonder if you can get compensation. While you cannot bring a negligence case, you may be eligible to receive benefits if you are insured. So, assuming you have comprehensive insurance coverage, it will cover the repair of your car and medical treatment when you suffer an accident due to an act of God.

Some insurance companies add an “act of God clause” in their insurance policies that exempts them from paying benefits for accidents caused by natural events.

So, read the fine print of your insurance policy before committing.

Finally, suppose there is an element of negligence, like the example of the landlord who left an aging tree; in that case, you can get compensation in a premises liability case. This is because the act of God, which is the tree falling and damaging your home or harming you, could have been prevented if the landlord had taken action when they should have. However, it is challenging to prove negligence when there’s an act of God, so ensure you get legal representation.

The Term “Act of God” and Personal Injury Cases FAQs

Getting your case dismissed by an insurance company based on an act of God defense can be frustrating and leave you with questions. Below are some of the commonly asked questions.

What Should I Do If an Insurance Company Denies Me Benefits or Compensation Using an Act of God Defense?

Contact a personal injury lawyer immediately. Your lawyer will examine the facts to see if the defense is valid or made in bad faith and guide you on the next steps.

Is an Act of God Defense Foolproof?

No, it isn’t. While most defenses based on acts of God stand, there might be an element of negligence, which could be the primary cause of the accident.

What Happens If Negligence Preceded an Act of God?

If negligence preceded an act of God, you can take legal action against the negligent party. Such a person or entity will compensate you for your damages.

How Do I Know If Negligence Preceded an Act of God?

It is challenging to know when negligence preceded an act of God. Therefore, we recommend working with an experienced attorney. Your lawyer knows what to look for and will help you identify negligence if it occurred.

Get Help From Leverty & Associates Law

At Leverty & Associates Law, we fight for the rights of personal injury victims whose claims were denied in bad faith by insurance companies. We are compassionate and aggressive and will work tirelessly to get you a favorable outcome. Contact us for a free case review at (775) 322-6636 if you live in Reno or (702) 507-0201 in Las Vegas.