Personal injury attorneys play a crucial role in representing individuals who have been injured due to the negligence or intentional misconduct of others. They seek to secure compensation for their clients’ medical expenses, pain and suffering, lost wages, and other damages. However, these cases are rarely straightforward as defendants and their lawyers often employ certain defenses to avoid liability. Understanding these common defenses can be beneficial for those pursuing personal injury claims.
One of the most frequently used defense strategies is contributory or comparative negligence. This argument suggests that the plaintiff shares some responsibility for the accident that led to their injuries. For instance, in a car accident case, the defendant might argue that while they were speeding, the plaintiff was also texting while driving which contributed to the collision. In jurisdictions with pure comparative negligence laws, a plaintiff’s compensation may be reduced by their percentage of fault.
Another common defense revolves around assumption of risk where it is argued that plaintiffs knowingly engaged in an activity with inherent risks involved. This is often seen in personal injury lawsuits involving sports injuries or accidents at amusement parks where participants are assumed to be aware of potential dangers.
Defendants may also use pre-existing conditions as a defense strategy in personal injury cases claiming that plaintiffs’ injuries were not caused by their actions but rather due to an existing medical condition. Medical records are then scrutinized closely with this defense strategy.
In some instances, defendants may claim that they acted out of self-defense during an incident leading to someone else’s injuries. This is particularly applicable in assault and battery cases where it must be proven whether there was reasonable fear of immediate harm prompting self-protective measures.
Statute of limitations serves as another significant defense employed by defendants wherein they assert that plaintiffs have waited too long after their injury occurred before filing a lawsuit; hence rendering them ineligible for any legal remedy under law.
Lastly, there’s immunity from lawsuit – certain entities like government agencies enjoy immunity from personal injury lawsuits under specific circumstances thus serving as a defense.
In conclusion, while personal injury attorneys strive to secure fair compensation for their clients, they must also anticipate and effectively counter these common defenses used by defendants. This necessitates thorough preparation, gathering of evidence, expert testimonies and strategic planning to ensure the injured party’s rights are protected. Understanding these defenses not only helps in building a strong case but also aids in setting realistic expectations about potential challenges and outcomes of the lawsuit.
Munley Law Personal Injury Attorneys
197 N Cedar St, Hazleton, PA 18201
15705369498