Filing a claim is usually the first step. It’s how you get compensation for an injury. The injury resulted from the carelessness of another person. You must understand, though, that the defendants and their insurers will fight hard. They will fight to keep their side intact.
The prosecution must understand and address the common defenses. This might greatly impact your case. Remember these defenses the next time you file a personal injury claim.
The Importance of Understanding Defenses
Let’s open up with general examples before we get into examples of defenses you may come across. Defendants in injury cases will want to limit their liability. They want to avoid court and not have to pay for their negligence.
There will be multiple twists and turns in a personal injury case that ultimately challenge its validity. Being prepared for these strengthens your case.
Defenses Used in Personal Injury Cases
Given below are the some common defenses that you can expect from a defendant. Their objective is to reduce or deny liability to reduce the amount that would be awarded to the plaintiff:
- Comparative Negligence: The defendants brought forth an applicable doctrine. It states that the plaintiff was careless, to any degree, in an accident. This contributed to his injuries. This reduces the defendant’s share of liability. It usually appears in cases where both parties somewhat caused the accident.
- Assumption of Risk: It is based on the idea that the injured party knew of the risk in the activity. They voluntarily took part in it. Risks generally relate to the dangers most likely to occur.
- Statute of Limitations: The legislation establishes a deadline for submitting a claim. The plaintiff will lose their ability to pursue compensation. This will happen if they fail to submit a claim within this time frame. The plaintiff’s injuries may not have been as serious as they claim, the defendant says. This might explain the plaintiff’s delay.
- Absence of Causal Link: The defendant will likely claim that the plaintiff’s injuries are not mainly caused by their carelessness. Sometimes, they will say it was caused by their lack of care. The defense says the plaintiff’s injuries were due to past conditions. They were also unrelated to the event. They were involuntary factors.
How to Address Defenses in Your Case
The defendant will attempt to reduce the damages owed through careful planning and strategic legal representation. The following are some of the steps to counter them:
- Gather sufficient evidence: You need to submit evidence supporting claims since the defenses to such claims may involve comparative negligence and a lack of causation. This evidence can cover medical records, eyewitness statements, or accident reports.
- Statements from expert witnesses: Expert witnesses are specialists in their field. As a result, their statements hold weight in personal injury cases. Asking an expert witness to go through the details of the case and come up with meaningful conclusions regarding case elements will be beneficial in tackling common defenses.
- Hire a lawyer: It is impossible to handle a personal injury case alone. This is why it is recommended to hire an experienced personal injury lawyer for assistance. The lawyer knows everything about the common defenses and will be prepared to counter them.
Conclusion
Knowing the common defenses in injury cases can help a case succeed a bit. Also, don’t forget to seek the services of a skilled lawyer when dealing with a personal injury case. The lawyer will tackle defenses. They will also represent the victim in settlements outside of court. They will also do so in court, if needed.