What Are Some Common Defenses to Personal Injury Claims?

When you have made the decision to take legal action against someone that has caused you to suffer a personal injury, you are going to bat for your future. You are ensuring that your financial, medical, and emotional needs are taken care of and you are preventing the same person, party, or business from harming another person. After you have taken the steps to retain an aggressive personal injury attorney, you will need to prepare your case for court. One of the methods used by lawyers in these cases is examining the possible tactics used by the defense to discredit your case. By going on the offensive and attacking these claims before they are brought up in court can help prove your case and obtain proper damages.

What defenses may be used in a personal injury case?

During a personal injury trial, you will have to prove that the other party in the case was less careless than you were and that this carelessness resulted in you being harmed. In many cases, the defense attorney will try and show that you played a pivotal role in causing the accident or that you did not follow the proper protocol following the accident.

Common defenses used in personal injury cases include:

  • Comparative negligence: Each person’s degree of fault in the case relates to the amount of compensation they are able to receive. Someone that is found to be 25% responsible can only claim 75% compensation. The defense may try and show you were responsible for your injuries to reduce the amount of damages you are owed.
  • Assumption of risk: It can be argued that someone engaging in an activity took on some presumed level of risk. However, the injuries must closely align with the inherent risk of the activity.
  • Statute of Limitations: The amount of time that a plaintiff has to file a personal injury lawsuit is limited, and if you file after that time, the lawsuit will be dismissed.
  • Failure to state a claim: The defense can show that some important elements inherent to filing a personal injury case are missing, including the clear link between the accident and your injuries.
  • Damage mitigation: This is a tactic to reduce the size of the payout by showing that the actions of the plaintiff made the injury worse and the defendant cannot be responsible for the total amount.

Being injured is serious business. You must cover medical expenses, lost wages, and pain and suffering because of someone else’s actions. Shouldering this alone is not an option. In order to retain the maximum possible compensation when you have been injured, you should hire the services of a Kansas City personal injury lawyer at DiPasquale Moore.


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