Whether you're the plaintiff seeking compensation or the defendant striving to protect your interests, it's important to understand the common defenses that could reshape your case. At the Law Offices of Andrew Zeytuntysan, we help clients who have suffered from personal injuries receive just compensation so they can recover with confidence. Keep reading to learn the importance of three key defenses often encountered in personal injury suits.
Comparative responsibility, commonly known as comparative fault, is a defense strategy where the defendant claims that the plaintiff also had a role in causing the injury. This approach doesn't entirely dismiss the plaintiff's claim but aims to reduce the liability and, consequently, the compensation owed. For example, in a car accident case, the defendant might argue that the plaintiff's failure to signal while turning contributed to the collision. Each state has its own rules regarding comparative fault, with some following a "pure comparative fault" system where the plaintiff can recover damages even if they are 99% at fault, while others adhere to a "modified comparative fault" system, limiting recovery if the plaintiff is more than a certain percentage at fault.
The Historical Health Conditions defense, often referred to as the Pre-Existing Condition Defense hinges on the argument that the plaintiff's injury was not solely the result of the defendant's actions but was significantly influenced by a pre-existing medical condition. For instance, if a plaintiff with a prior back injury files a claim for back pain after a minor car accident, the defendant may argue that the current pain is primarily due to the previous condition rather than the accident. This defense can be particularly challenging for plaintiffs, as it requires a thorough medical assessment to determine the extent to which the current injury is separate from the pre-existing condition.
Voluntary Risk Acceptance is a defense that argues the plaintiff knowingly and willingly accepted the risks associated with a hazardous activity. This defense is commonly employed in cases involving sports injuries or recreational activities. For example, if someone gets injured while playing football, the defense may argue that the injured party was aware of and accepted the inherent risks of the sport. This defense hinges on the concept of informed consent and often involves waivers or agreements signed by the plaintiff before engaging in the activity.
Beyond these specific defenses, a general aspect that influences personal injury suits is the importance of timeliness and thorough documentation. Failing to file a lawsuit within the statute of limitations can lead to a dismissal of the case, regardless of its merits. In addition, inadequate documentation of the injury, medical treatment, and its impact on the plaintiff's life can weaken a claim. Plaintiffs need to ensure that they document everything meticulously and adhere to the legal timelines. A trusted personal injury lawyer can ensure that these details are taken care of right from the start.
Facing a personal injury lawsuit can be a difficult experience, filled with complex legal maneuvers and strategic defenses. However, overcoming these challenges doesn't have to be an overwhelming process. With the right legal team, you can confidently address these defenses and pursue the justice and compensation you deserve. Call the Law Offices of Andrew Zeytuntsyan to get the care you need today. If you're seeking a compassionate yet professional personal injury attorney who can guide you through every step of your personal injury case, look no further. Contact our office for more information or to schedule a consultation with a personal injury lawyer in your region.