According to figures from the Centers for Disease Control and Prevention (CDC), there are an estimated 39.5 million injury and poisoning episodes each year in the U.S. that require medical attention. From car accidents and dog bites to defective products and slips and falls, there are numerous instances in everyday life that can give rise to a personal injury claim. 

If you are facing a personal injury claim, the prospect of defending yourself could feel daunting, however, it is important to remember that you have the right to do so. While you may lack the legal know-how to successfully defend yourself, an experienced personal injury firm such as Yegendorf law firm can advise you of your legal rights and options, and help you to build a strong and compelling defense. 

In this article, we will explore some common defense strategies employed in personal injury cases. If successfully applied to your case, such defenses could help to mitigate or even eliminate your liability.

Pre-Existing Condition

This is a common tactic employed by the defense to avoid liability for the plaintiff’s injuries. Here, the assertion is that the defendant did not cause the injuries for which the plaintiff is suing them, and instead, they were caused by a pre-existing condition. Some examples of pre-existing injuries include:

Previous injuries: These are injuries unrelated to the accident which may be due to previous accidents, medical procedures, or injuries.

Medical conditions: The plaintiff’s injuries may be the result of a prior medical condition such as chronic back pain or disc degeneration rather than the event in question.

Congenital abnormalities: These are birth defects or abnormalities that are present at birth.

A thorough investigation of the plaintiff’s medical history will be necessary to establish this defense. While a pre-existing condition may be relevant in a personal injury case, it should be noted that a defendant may still be liable for the extent to which their actions aggravated the existing injury.

Contributory Negligence

This is one of the most common defenses employed in a personal injury claim and is based on the assertion that the plaintiff is responsible for their own injuries. Under this doctrine, the plaintiff will be prohibited from recovering compensation in a personal injury claim if they are found to be even partially at fault for the accident or their injuries. This strict defense can favor the defendant, absolving them of liability in a personal injury case when the plaintiff’s own negligence, however minimal, contributed to the incident.

Comparative Negligence

In other states, the defense of comparative negligence may apply. This does not prohibit the plaintiff from recovering compensation in a personal injury claim, even if they were partially to blame. Instead, the amount of damages they can recover will be proportionally reduced based on their level of fault. For example, if they are found to be 20% to blame for the incident they can recover 80% of their total damages. It is worth noting that in some states the modified comparative negligence defense may apply under which the plaintiff may only recover compensation if they were less than 50% responsible for the accident. 

The appropriate legal defense can significantly strengthen your position when defending against a personal injury claim.

NCS
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