Personal injury law is a complex area of law that deals with cases where an individual has been injured due to the negligence or intentional act of another person or entity. In such cases, the injured party may be entitled to compensation for their losses, including medical expenses, lost wages, and pain and suffering. In order to receive compensation, the injured party must prove that the other party was at fault for the injury. However, the other party may use a variety of defenses to try to avoid liability.
Understanding these common defenses can help you prepare for your personal injury case.
Contributory Negligence
One of the most common defenses used in personal injury cases is contributory negligence. This defense is based on the idea that the injured party was partially responsible for their own injuries. For example, if a pedestrian was crossing the street against a red light and was hit by a car, the driver may argue that the pedestrian's negligence contributed to their own injuries. In some states, if the defendant can prove that the plaintiff was partially responsible for their own injuries, they may be able to avoid liability altogether.Assumption of Risk
Another common defense used in personal injury cases is assumption of risk.This defense is based on the idea that the injured party voluntarily assumed the risk of being injured when they engaged in a certain activity. For example, if a person goes skiing and is injured due to their own negligence, the ski resort may argue that the person assumed the risk of being injured when they chose to ski. In some states, if the defendant can prove that the plaintiff assumed the risk of being injured, they may be able to avoid liability.
Comparative Negligence
In some states, comparative negligence is used as a defense in personal injury cases. This defense is based on the idea that both parties were partially responsible for the injury.For example, if a pedestrian was crossing against a red light and was hit by a car, both parties may be found to be partially responsible for the accident. In these states, if both parties are found to be partially responsible for the accident, any damages awarded to the plaintiff will be reduced by their percentage of fault.
Statute of Limitations
The statute of limitations is another common defense used in personal injury cases. This defense is based on the idea that there is a certain amount of time in which an injured party must file a lawsuit against another party. If an injured party fails to file a lawsuit within this time period, they may be barred from recovering any damages from the other party.The amount of time varies from state to state, so it's important to check your state's laws before filing a lawsuit.
Release of Liability
A release of liability is another common defense used in personal injury cases. This defense is based on the idea that an injured party has signed an agreement releasing another party from any liability for their injuries. For example, if an individual signs a waiver before participating in an activity such as skydiving or bungee jumping, they may be barred from recovering any damages from the other party if they are injured during the activity.Government Immunity
Government immunity is another common defense used in personal injury cases. This defense is based on the idea that certain government entities are immune from liability for certain types of injuries.For example, if an individual is injured due to a dangerous condition on public property such as a pothole or broken sidewalk, they may not be able to recover any damages from the government entity responsible for maintaining that property. Understanding these common defenses can help you prepare for your personal injury case and give you an idea of what arguments you may face from the other side. It's important to remember that each case is unique and these defenses may not apply in all situations. If you have been injured due to someone else's negligence or intentional act, it's important to speak with an experienced personal injury attorney who can help you understand your rights and determine what legal options are available.
