8 Common Defenses Used in Personal Injury Cases
Gclawnc.com | In personal injury cases, the party being sued (the defendant) has the right to present defenses in an effort to avoid liability or reduce the amount of damages they must pay. Understanding these defenses is crucial for anyone pursuing a personal injury claim, as they can impact the outcome of your case. Below, we explore eight common defenses used in personal injury cases that you should be aware of when working with a personal injury lawyer.
1. Contributory Negligence
Contributory negligence is a common defense in personal injury cases. Under this defense, the defendant argues that the plaintiff (the injured party) was partially or entirely responsible for their own injuries. For example, if the plaintiff was not paying attention or failed to follow safety rules at the time of the accident, the defendant may claim that their own actions contributed to the accident. If contributory negligence is proven, the plaintiff’s recovery may be reduced or barred entirely, depending on the laws in their jurisdiction. In some states, even a small percentage of fault can prevent a plaintiff from winning their case.
2. Comparative Negligence
Similar to contributory negligence, comparative negligence is a defense that seeks to reduce the defendant’s liability based on the plaintiff’s share of fault. However, unlike contributory negligence, comparative negligence allows for a proportional reduction in the amount of damages awarded to the plaintiff. If the plaintiff is found to be partially at fault, the compensation they receive will be reduced by their percentage of fault. For instance, if the plaintiff is deemed 30% responsible for the accident, their compensation will be reduced by that amount. Understanding how comparative negligence works can be important when navigating a personal injury lawsuit.
3. Assumption of Risk
The defense of assumption of risk occurs when the defendant argues that the plaintiff knowingly and voluntarily engaged in an activity that involved a risk of injury. For example, if a person chooses to participate in a dangerous sport like skydiving or skiing, they are assumed to have understood and accepted the risks involved in the activity. If the defendant can prove that the plaintiff was aware of the risk and chose to proceed anyway, this can reduce or eliminate the defendant’s liability. A personal injury lawyer can help determine whether the assumption of risk applies to your specific case.
4. Statute of Limitations
The statute of limitations is a defense where the defendant claims that the plaintiff waited too long to file their personal injury lawsuit. Every state has a specific time limit within which a personal injury lawsuit must be filed, known as the statute of limitations. If a plaintiff does not file their claim within the allowed time frame, the defendant can raise this defense, and the court will likely dismiss the case. It’s important to consult with a personal injury lawyer as soon as possible after an injury to ensure that your claim is filed within the appropriate time limits.
5. Preexisting Injury or Condition
In some cases, defendants argue that the plaintiff’s injuries were not caused by the accident but rather were a result of a preexisting condition. For example, if the plaintiff had a previous back injury, the defendant might claim that the current pain is related to the prior condition rather than the accident in question. While a preexisting injury can complicate a personal injury case, a personal injury lawyer can help gather medical evidence to demonstrate that the accident worsened the plaintiff’s condition or caused new injuries that require compensation.
6. No Injury or Damages
Sometimes, the defense might argue that the plaintiff did not suffer any injury or did not incur significant damages from the incident. This is often raised when the plaintiff’s injury is minor or not immediately apparent. For example, if there are no visible injuries, or if the plaintiff fails to seek medical treatment right away, the defendant may argue that the injury was either nonexistent or not serious enough to warrant compensation. Your personal injury lawyer will help gather medical evidence and witness testimony to prove the extent of your injuries and damages.
7. Product Defects or Liability
In some personal injury cases, the defense may argue that the injury was caused by a product defect rather than the defendant’s actions. If a defective product caused the injury, the defendant might attempt to shift blame to the manufacturer or another third party responsible for the product. This defense can complicate personal injury cases, especially if the plaintiff’s injury resulted from a malfunctioning product, such as a faulty car part or dangerous machinery. A personal injury lawyer can help investigate and identify any third parties who may be liable for the defect or malfunction.
8. Third-Party Negligence
In some personal injury cases, the defendant may argue that the injury was caused by a third party’s negligence, not their own actions. For instance, if the injury was the result of an accident that involved a negligent driver or unsafe working conditions, the defendant might try to argue that another party, rather than themselves, should be held responsible. This defense is common in cases involving workplace accidents, car accidents, or other scenarios where multiple parties are involved. Your personal injury lawyer will work to determine all parties involved and hold the correct one accountable for your injury.
Personal injury cases can be complex, and defendants often use various strategies to avoid or minimize their liability. Understanding these common defenses can help you be better prepared as you pursue your claim. Working with a skilled personal injury lawyer is essential for overcoming these defenses and ensuring that you receive the compensation you deserve for your injuries.
