Defenses to Personal Injuries

If you are considering a personal injury action, you have come to the right place. Our lawyers some of the most experienced and qualified in all of California. Our combined experience with negligence lawsuits means you have chosen the right legal representation for your claim. If this is your first experience with personal injury, you probably have some questions. You might be wondering if your claim is valid. Contact our of our lawyers today to get started on sorting through the facts of your case. You will be surprised just how valid your claim likely is.

A negligence claim is one in which the plaintiff, you, alleges the defendant breached a duty to him or her and caused a resulting injury. If this sounds like what has happened to you, do not delay in commencing your lawsuit. You might also be wondering if the defendant will be able to raise any defenses to your claim of negligence. It is possible he might, and your personal injury lawyer will be ready with rebuttal for any sort of defense the defendant may raise. Some of the most common defenses our lawyers deal with include the following:

  • Assumption of the Risk: Assumption of the risk is a defense commonly raised by a defendant who believes that the plaintiff entered into the injury with knowledge of the potential for harm and the defendant should not be at fault. This type of defenses arises often in the sports context whereby a plaintiff is injured after engaging in a sporting event or other type activity with an inherent probability of harm. However, not all assumptions of the risk will amount to a total defense to your claim and your personal injury lawyer’s knowledge of New York law will help you to rebut any such assertion.

  • Consent: Consent is similar to assumption of the risk in that the defendant will allege that you consenting to the activity or the resulting injury. Again, this is common in the sports or recreational activity context. Even if the plaintiff has consented, the consent only goes so far as the injury and activity he consented to. Any injury suffered beyond the consent will not be subject to a consent defense.
  • Comparative Fault: Many states enact statutes whereby a plaintiff who is fault in a personal injury action will be barred from recovery. Some states bar plaintiffs who are at fault at all, while other states bar plaintiffs who are 50% or more at fault for their injuries. Luckily, California has enacted a much more plaintiff-friendly statute known as pure comparative negligence. The plaintiff can be at fault in any percentage and the jury will adjust his award accordingly. If you commence your lawsuit in California, you will not need to worry about any potential negligence on your part barring your recovery.

These are just a few of the defenses offered to defendants of plaintiffs who are considering suing for personal injury. Your lawyer will know of many more defenses available to the defendant and will be prepared for every single legal maneuver imaginable. Contact us today to get started on your claim!