Defense Strategies in Personal Injury Claims
While personal injury laws provide a legal framework for individuals to seek compensation for their injuries and losses, their claim is not guaranteed to be successful even if they can prove the other party was at fault. If the defendant has a legitimate defense they can raise to limit or negate their liability, the plaintiff may walk away with less compensation than they sought, or in some cases, nothing at all. In this article, we will explore some of the defense strategies a defendant may employ to mitigate or avoid liability in a personal injury claim.
Pre-Existing Conditions
A defendant may argue that the defendant’s injuries existed before the accident and did not arise as a result of it. The basis of this defense is that the defendant should not be liable for injuries they did not cause. For example, the defendant may claim that the plaintiff’s injuries were caused by another accident, or were due to a birth defect. If successful, the defendant may avoid having to pay any damages to the claimant.To counter these claims, a plaintiff will typically require supporting medical evidence, linking their injuries to their accident. However, in cases where a plaintiff’s pre-existing injury was exacerbated as a result of their accident, a defendant could still be held liable for the full extent of their injuries under the ‘eggshell skull rule’, as the law requires them to take the plaintiff as they found them. For more information on this defense, it is advisable to speak with an experienced personal injury attorney such as Brooks Derrick Accident & Injury Lawyers.
Statute of Limitations
The statute of limitations acts as a legal time limit within which various legal claims must be filed. In the case of personal injury claims, this time limit is typically between one to three years from when the incident took place and any claims filed after that deadline will be barred and the claimant unable to seek compensation for their injuries.However, as some injuries are not immediately apparent after an accident or incident takes place, some states implement the ‘discovery rule’. This rule acts as an extention of the statute of limitations, allowing a claimant to file a claim from the date they discovered, or reasonably should have discovered their injury.
Contributory Negligence
Unlike the comparative negligence rule which allows a plaintiff to recover compensation in proportion to their level of fault, the contributory negligence rule prevents them from any recovery if they are found to be at fault to any degree whatsoever.Under this defense, a defendant who is 99% at fault for the plaintiff’s injuries, can avoid paying out any compensation if they successfully argue the plaintiff was even 1% at fault for the accident.
By working with a personal injury lawyer, a claimant can prepare strong counterarguments to overcome a potential defense.
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Posted - 09/30/2024
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