Common Defenses to Personal Injury Claims

If you have decided to take legal action against another person or entity that caused you to suffer any type of personal injury, you need to be ready. While receiving compensation can help to secure your future and hold the at-fault party responsible, you have to know a few things about personal injury cases to be successful. 

The first step you should take is to hire a personal injury lawyer. This is the individual who can provide you with advice and guidance during your case. Once you have quality legal representation, it is necessary to learn a bit about the possible defenses that are used in personal injury cases. During your trial, you and your Kansas City personal injury lawyer have to prove that the other party was careless and that it was this carelessness that resulted in your injury. In some cases, the defense attorney will try to show that you played a role in the accident, or that you failed to follow the proper protocol. This is in an effort to discredit you and reduce the potential of having to pay any type of compensation. Some of the most common defenses that the other side is going to use in a personal injury case are found here.

Comparative Negligence

This refers to each party’s degree of fault in the case. It also relates to the amount of compensation they may be able to receive. If someone is only found to be 25% responsible, they can only claim 75% compensation. The defense may work to attempt and show that you were completely responsible for the injuries you suffered. This is in an effort to reduce the total amount of damages you are awarded.

Assumption of Risk

In some cases, the defense may argue that you engaged in the activity and therefore took on a presumed level of risk. However, it is important for the injuries to closely align with the activities inherent risk.

Statute of Limitations

There is a limited amount of time for a person to file a personal injury claim. If it is filed after this period of time, it is extremely likely that the case is going to be dismissed altogether.

Failure to State a Claim

In some situations, the defense may try to show that there are some important elements inherent to the personal injury case that is missing. This may include a clear relationship between the accident and the injuries a person suffered.

Damage Mitigation

This is an effort used to minimize the size of the amount paid by showing that the actions taken by the plaintiff resulted in the injury being worse. As a result, the defendant isn’t responsible for the total amount. Suffering an injury is serious. You have to find a way to cover your medical costs, pain, and suffering, and lost wages all due to another person’s actions. You should not have to shoulder this burden alone. To recover the maximum payout possible, it is wise to retain the services of Bautista LeRoy personal injury attorneys.


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