Common Defenses Against A Personal Injury Lawsuit


Common Defenses Against A Personal Injury Lawsuit

If you find yourself on the defensive end of a personal injury lawsuit, you might find that there are a number of ways in which you and your lawyer can defend yourself. There are a few very common defenses that are employed by defense attorneys looking to win personal injury cases. Throughout the course of this brief article, you will learn about a few of them.

Comparative Negligence

Comparative negligence defenses are allowed in most states. Basically, a comparative negligence verdict means that both parties will assume some degree of guilt based on a percentage value. For example, this means that in some cases, the plaintiff will be responsible for 25% of damages, or what is owed in the suit, while the defendant is responsible for 75% of the damages. When a defense attorney uses this defense, it usually means that he or she is trying to minimize the amount that the defendant will have to pay in damages to the plaintiff. In personal injury cases, "damages" refers to the amount of money that the plaintiff has lost due to the defendant's negligent behavior. This can come in the form of medical bills, mental trauma, emotional anguish, or the time off of work that the defendant has been forced to miss. In the case of the example above, the defendant would be forced to pay 75% of the plaintiff's bills.

Plaintiff's Fault

This type of defense is used far less often than comparative negligence, but is still employed in some cases. This type of defense relies on the attorney proving that the injury that the plaintiff incurred was not due to the defendant's negligence, but due to either the plaintiff's own negligence or some other fault of their own. It could also be the case that the plaintiff is attempting fraud in order to garner a sum from the defendant in question. For example, if the plaintiff willingly ignored a cautionary sign informing store goers that there is a wet floor in an attempt to win a sum from the defendant in a personal injury case, and the defense has adequate evidence to prove that this is the case, then the charges will be dropped (and, in addition, the defendant can counter sue in a civil case). 

Personal injury lawsuits can be quite common – especially for small business owners. It is best to keep yourself aware of the possible defenses that you and your lawyer can utilize if you ever find yourself in such a case.

For a personal injury attorney, contact a law firm such as GSJones Law Group, P.S.


20 January 2016

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