Most accident victims look at their personal injury case in terms of recovering fair compensation for their injuries. However, the opposing side of a personal injury case is looking at how to defend themselves. They want to avoid paying top dollar for a personal injury claim because they were at fault. Liability disputes in personal injury lawsuits can get complicated and impact your ability to recover maximum compensation for your injuries.
Exploring some of the most common defenses in personal injury cases can prepare you for the legal fight and help you understand why evidence backing your case is crucial.
What Are Personal Injury Defenses?
Most people look at personal injury cases from the perspective of the accident victim seeking compensation for their injuries. Personal injury defense approaches a personal injury case from the at-fault party’s side, seeking to prevent fraudulent personal injury claims or find personal injury lawsuit dismissal reasons.
Personal injury defenses aim to help reduce or eliminate the other party’s liability in a personal injury case.
Common Defenses Used in Personal Injury Cases
The at-fault party in a personal injury case has numerous defense options. They can approach personal injury defense from numerous angles depending on the situation’s specifics. Some of the most common defenses used in Huntington Beach personal injury cases include:
Comparative Negligence
Comparative fault laws are regulations that vary by state and can reduce an accident victim’s compensation based on their level of responsibility for causing an accident or contributing to their injuries. California follows the pure comparative negligence rule, which means an accident victim’s compensation diminishes by the same percentage as their fault for causing the accident. The more evidence the opposing side can gather to prove that the victim contributed to the circumstances of the accident, the less compensation the entity will be responsible for paying. It reduces the other side’s liability and puts more of the blame on the shoulders of the victim, showing they caused their injuries. However, under pure comparative negligence, even a party 99 percent liable for an accident can recover compensation for their injuries.
Lack of Causation in Accident Cases
One key element that a victim must establish in a successful personal injury case is that the opposing side’s actions or inactions directly caused the accident and the victim’s injuries. Lack of causation is a defense tactic that seeks to show that the other party’s actions did not directly lead to the victim’s injuries.
Pre-existing Condition Argument
The opposing side of a personal injury case can argue that an accident victim’s injuries were present before the accident, meaning these were pre-existing conditions that should not be covered.
Failure to Mitigate Damages Defense
The failure to mitigate damages defense hinges on the argument that the injured individual failed to take reasonable steps to prevent or minimize their injuries. The opposing side can argue that an accident victim failed to mitigate damages by proving that the victim failed to seek immediate medical care for their injuries or follow their doctor’s directions or medical advice.
Self-defense in Personal Injury Cases
Self-defense is a common defense strategy in criminal cases, but it can also be used by an attorney in personal injury cases. The opposing side can argue that an accident victim’s injuries result from self-defense or the defense of others, offering a justification for the opposing party’s actions.
Assumption of Risk in Personal Injury Cases
The assumption of risk defense argues the accident victim knew or understood the risks involved in their actions. Alternatively, they accepted the inherent risks associated with the situation. In either case, they would waive their right to file a personal injury lawsuit for their injuries. The assumption of risk defense is common in premises liability and slip-and-fall cases.
Statute of Limitations for Personal Injury Cases
Accident victims have limited time to file a personal injury lawsuit. The statute of limitations in California is two years from the date of the accident. If a victim files a lawsuit after the legal deadline, the court can dismiss the case without a hearing because the time limit has expired. Most courts grant dismissal, and the accident victim loses the opportunity to have a day in court.
Waiver of Liability Agreements
Another potential defense tactic involves proving that the accident victim signed a waiver or release before the accident, absolving the opposing party of any legal responsibility or liability for injuries.
Settlement Already Reached
An attorney can petition the court to dismiss a personal injury lawsuit because the case is already settled. Accident victims must understand that when they accept an insurance settlement and sign the associated paperwork, they typically give up their right to take legal action to recover additional compensation.
These strategies can also be combined to help further reduce the potential liability of the opposing side of a personal injury lawsuit. They’ll be looking to reduce responsibility and decrease the compensation they must pay to the accident victim. However, these defense tactics can also help prevent and weed out fraudulent personal injury claims. This is especially true when a victim exaggerates their injuries’ extent or severity, hoping for a substantial payout from an insurer or other entity.
The consequences of fraud can be significant and involve fines, payment of legal fees, and criminal charges. A fraudulent personal injury claim can also damage a person’s professional and personal reputation.
The consequences of fraud can be significant and involve fines, payment of legal fees, and criminal charges. A fraudulent personal injury claim can also damage a person’s professional and personal reputation.
A Huntington Beach Personal Injury Attorney Can Help
Opposing attorneys will pull out all the stops to minimize liability and compensation. You need an equally aggressive California personal injury lawyer. Your lawyer can advocate for you and strategize how to recover maximum compensation for your injuries. At DJA Injury Attorneys, our team is ready to fight for you.
Call our Huntington Beach office at (949) 229-7228 today or contact us online. You’ll get a free initial consultation to discuss the specifics of your personal injury case.