Personal injury cases have their own set of complications. For some, the negotiations may go smoothly, and your attorney may get you the compensation you asked for. In other circumstances, the defendant may fight back.
This article talks about the common techniques defendants or their legal representatives use to reject your claim.Although you can face them alone, doing so is not advisable. Experienced lawyers, like the personal injury lawyers at attorneyguss.com, will help you oppose the defendant with aggressive countermeasures.
When talking about defenses in a personal injury case, a question naturally arises; why do they do it? Usually, defendants use this strategy either to dismiss the case or to lower the settlement sum. Here are some of the defense techniques employed by the opposing parties.
Contributory Negligence
This is among the most commonly used tactics used by the other party. The defendant will try to shift the blame onto the plaintiff, trying to remove liability for some or all of the injuries caused through rideshare accident attorneys.
A good example would be the case of a car accident. If the defendant crashes into a plaintiff who was busy on the phone, then the plaintiff may take some responsibility for the accident.
Ina medical malpractice case, the doctor can counter the plaintiff’s claim by saying that the plaintiffdid not follow the medical instructions given to them.
Dangerous Activity
The dangerous activity defense is when the defendant claims that the plaintiff had full knowledge of the hazards of the activity but still decided to go through with it.
The theory used here is that the defendant is not responsible for the injuries as the plaintiff voluntarily participated in the activity that caused their damages.
The defense has 2 elements to prove here:
- The plaintiff knew that the task had a risk of injury.
- The plaintiff decided to proceed with the task despite knowing the risks.
Pre-Existing Condition
The defendant may produce a counterargument saying that they are not responsible for the plaintiff’s injury since the plaintiff had an injury beforehand.
For example, if you suffered injuries in a car accident, the defendant’s legal representatives or the insurance company may make a claim that the injury existed even before the accident.
In some instances, they may ask for the plaintiff’s previous medical record to prove that they didn’t have any prior injuries.
The counter to this defense is simple. The plaintiff could simply say that their pre-existing condition has worsened due to the actions of the defendant. This acts as grounds for legal compensation, as the injury wouldn’t have worsened if it weren’t for the negligence of the defendant.
Statute of Limitations
The statute of limitations is a period of time during which a victim must initiate legal proceedings against parties responsible for their injuries and damages. Once the statute of limitations has exceeded, the victim cannot seek legal action, although there are exceptions. The statute of limitations varies by state.
The statute of limitations exists for 2 reasons.
- There are chances of the evidence getting lost. Also, people’s memories fade over time. This makes it difficult to prove claims and provide witness statements.
- It prevents people from being bullied or threatened over crimes that they committed years ago. With the statute of limitations, people can go on with their lives without fear of a case being filed against them.
The statute of limitations is a tactic used by the legal representatives of the defendants. They may claim that your injuries or losses were not serious enough to file a lawsuit immediately.
Signing a Liability Waiver
Certain activities require you to sign a standard release agreement. The agreement statesthe terms and conditions an individual has to follow and the potential risks of the activity. In some cases, if the plaintiff signs a liability waiver, they may lose the right to seek compensation.
However, if the defendant is found grossly negligent, then the liability waiver will be ignored by the court.
Wrapping Things Up
You just read about some of the common defense techniques used by defendants in personal injury cases. Although most of them will be dismissed by an experienced personal injury lawyer, the plaintiff should take care not to fall for such traps or lose heart when seeking compensation for their injuries.
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