What are some common defenses against personal injury lawsuits?
What are some common defenses against personal injury lawsuits?
In the event of an injury, the defendant can use a number of defenses to avoid paying damages. One such defense is the assertion that the accident was an unavoidable accident. For example, an animal on a roadway can cause an accident. Another common defense is that the plaintiff assumed the risk of injury and so was liable.
A defendant can also challenge the existence of pre-existing conditions as a defense to the lawsuit. This defense may limit the defendant's liability by arguing that a plaintiff has no rights to sue. This defense may also limit the amount of damages a plaintiff is entitled to.
The defendant can also claim that the injury was partially their fault. Sometimes this defense can work in personal injury lawsuits, but only in situations where the defendant was negligent. In such cases, the defendant may have been negligent if he was speeding or texting. However, the plaintiff must be able to show that negligent behavior was the cause of the accident.
Other defenses against personal injury lawsuits include the use of the defendant's insurance. In such situations, the insurer will provide a lawyer to represent it. However, these lawyers will represent the interests of the insurance company, so it is crucial to retain an independent lawyer to protect your interests.
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