Common Defenses to a Personal Injury Claim

When someone gets injuries due to another party's negligence, they may get compensation through a personal injury claim. But those seeking compensation should know that the defendant may have certain defenses against the claim. Discover common defenses to a personal injury claim that can help the claimants to be better informed when seeking compensation.



The Defendant Was Not Negligent

The defendant's attorney may argue that their client did not cause the plaintiff's injury because they did not act in a careless, reckless, or negligent way. To prove negligence, the plaintiff must show that the defendant owed them a duty of care, that they breached that duty of care, and that the breach caused the injury. 

In making this defense, the defendant may argue that they did not breach any duty of care. They may also argue that they acted reasonably under the circumstances or how their actions were normal for the situation. 

The defendant's attorney may also argue that the plaintiff did something to contribute to their own injury, such as not paying attention. If the defendant can successfully demonstrate that they were not negligent, they will not be liable for the plaintiff's injuries.

The Plaintiff Assumed the Risk

Assumption of risk means that the plaintiff knew and accepted the risk of getting hurt by voluntarily engaging in the activity that led to the injury. The defense is typically applicable when an individual voluntarily participates in a dangerous or risky activity, such as bungee jumping, skydiving, or participating in a contact sport.

For the assumption of risk defense to be successful, the defendant will argue that the plaintiff was aware of the risk associated with their activity yet still chose to participate. If the defendant can demonstrate that the plaintiff had knowledge of the potential for harm and chose to go ahead anyway, then the assumption of risk defense may be successful.

The Statute of Limitations Has Expired

The statute of limitations is the legal time period within which a person must file a personal injury claim. If you fail to file your claim within the set period, the court may throw out your case. The period can be two years from the date of the incident, but it varies from state to state.

In a personal injury case, a defendant may use the statute of limitations as a defense if the plaintiff has waited too long to file their lawsuit.

Plaintiffs need to understand the laws in their state and file their claims as soon as they can in order to avoid any issues down the road. 

The Plaintiff Cannot Prove Causation

The plaintiff may prove causation through evidence showing how the defendant's actions directly led to the injury.

The defense may argue that there is no proof that their actions directly caused the injury. They may also argue that the plaintiff was already injured before the accident or that other factors at play may have contributed to the injury. If the defendant can successfully raise these issues, they may be able to avoid liability.

Jarve Granato Starr LLC is a law firm focusing on serious personal injury cases and civil litigation. Our extensive experience and substantial resources provide our clients with the firepower to confidently take on even the most formidable adversary. Contact us today for a free personal injury consultation.