Common Defenses Used In Personal Injury Cases

If you have suffered severe injuries in an accident caused by someone else, it only seems fitting that the person or business should be held liable for your losses. Unfortunately, personal injury cases are not always as straightforward as most people think. While the victim has to prove that the other party was negligent, it is not uncommon to see the insurance adjusters or defense lawyers raise defenses. When certain defenses are successfully demonstrated, at-fault individuals may be able to wholly or partially avoid legal responsibility.

Affirmative Defenses 

Defense lawyers often try to do everything possible to minimize or even eliminate the amount of compensation that a plaintiff rightfully deserves. When an affirmative defense is brought up, the burden of proof shifts to the defendant to demonstrate it. If the defendant successfully proves a defense, the plaintiff can try to disprove it. Defenses commonly asserted in injury lawsuits include: 

1. Comparative Fault: This is one of the most prevalent defenses raised in personal injury lawsuits. When the plaintiff shares some of the responsibility for an accident, the defendant can try to show that they were partially at fault. If the defendant is successful, the plaintiff’s compensation could be reduced by the percentage they were determined to be responsible for.
2. Pre-Existing Condition: Insurance companies love to claim that the plaintiff’s injuries were previously suffered. As such, the defendant did not cause the injury, and they should not pay for it. However, our elite attorneys can argue that the defendant’s negligence worsened or aggravated a pre-existing ailment.  
3. Assumption of Risk: When asserted, this defense claims that a duty of care was never owed because the plaintiff recognized the risk of injury and assumed responsibility. Agreements waiving a victim’s right to compensation are not always valid under New York law. For instance, gym waivers can typically be invalidated by highly experienced lawyers.
4. Failure to Mitigate: Accident victims must take all reasonable steps to minimize the consequences of their injuries and preclude additional damages. A plaintiff could be refused any portion of damages the court determines could have been reasonably avoided. The Dietrich Legal Team has the skills to overcome claims regarding failure to seek proper medical treatment and employment. 
5. Statute of Limitations: Failure to file a lawsuit within the applicable statute of limitations can bar a victim’s right to obtain compensation. We suggest contacting the Dietrich Law Firm P.C. immediately to protect your legal rights. 

Need Help Answering An Affirmative Defense In Your Personal Injury Case? 

With so much at stake in your case, you need a top rated personal injury attorney fighting for you. Jed Dietrich, Esq., acclaimed as a New York Super Lawyer, and his veteran attorneys will do everything they can to defeat any defenses raised successfully. The Dietrich Law Firm P.C.’s battle-tested team is here to help you win your case and obtain the highest possible compensation. Allow Jed Dietrich, Esq., to start defeating all possible defenses today. Our leading litigators are available 24 hours per day and 7 days per week by calling 716-839-3939 or completing the online consultation form.