In personal injury cases, the injured party can file a lawsuit seeking compensation for damages such as medical bills, lost wages, and pain and suffering.
However, the defendant in a personal injury case can raise several defenses to reduce or avoid liability. These defenses may be based on legal or factual arguments and may vary depending on the case’s specific circumstances.
It will be ideal for personal injury victims to know some of the most common defenses used in personal injury cases and hire a Seattle personal injury attorney for legal assistance concerning defenses.
Common defenses personal injury victims can use:
- Assumption of risk
Assumption of risk is a defense used in personal injury cases when the plaintiff knows the risks associated with an activity but chooses to participate anyway. The defendant may argue that the plaintiff assumed the risk and should not be entitled to compensation for injuries sustained. This defense is commonly used in cases involving sports, recreational activities, and other high-risk endeavors where the plaintiff assumed a certain level of risk by participating.
- Contributory negligence
Contributory negligence is a defense used in personal injury cases when the plaintiff’s negligence contributed to their injuries. The defendant may argue that the plaintiff’s actions were partially responsible for the damages, and therefore, the plaintiff should be held accountable for a portion of the compensation awarded. This defense can significantly impact the plaintiff’s compensation, making it an essential consideration in personal injury cases.
- Lack of causation
Lack of causation is a defense used in personal injury cases when the defendant argues that their actions did not cause the plaintiff’s injuries. The defendant may claim that the plaintiff’s injuries were pre-existing or caused by other factors unrelated to their actions. Proving causation is a crucial element in personal injury cases, and lack of causation is a common defense used by defendants to avoid liability.
- Statute of Limitations
Statute of limitations is a defense used in personal injury cases when the plaintiff files their lawsuit outside the specified time frame. The defendant may argue that the case should be dismissed because the statute of limitations has expired. Statutes of limitations vary depending on the type of case and jurisdiction, so it is essential to file a lawsuit within the required time frame to avoid this defense.
- Comparative negligence
Comparative negligence is a defense used in personal injury cases when the plaintiff’s actions contributed to their injuries. In this defense, the defendant argues that the plaintiff’s negligence contributed to their damages, and therefore, the plaintiff should be held partially responsible.
The damages awarded to the plaintiff are then reduced based on the percentage of fault assigned to them. This defense can significantly impact the plaintiff’s compensation, making it an essential consideration in personal injury cases.
