A personal injury claim allows people to recover from sustained injuries caused by someone else’s negligent behavior. If you have been sued, seeking legal help is of utmost importance. Here are some of the common strategies a personal injury defense lawyer can use to help you in court.
Proof of Contributory Negligence
Contributory negligence allows defendants who have been sued for negligence to claim that the plaintiff contributed to the incident in some way, by being negligent to the crash and causing their own harm. If successful, contributory negligence can affect the plaintiff’s recovery. For example, the individual that sued you may attain a smaller settlement amount when proved that they are partly responsible for their own injuries.
Assumption of Risk
In other cases, defendants present evidence that the plaintiff must have assumed at least some risk of injury prior to the performed activity that led to their injury. This defense is mostly applicable to sports-related and spectator injuries.
Pre-Existing Conditions or Post-Accident Injuries
A pre-existing condition is any health or medical condition for which the Plaintiff has already received treatment or medical advice before the date of the accident. Plaintiffs are allowed to recover for medical expenses that are related to injury from the collision. A personal injury defense attorney can help to evaluate pre-existing and post-accident injuries to determine if the damages claimed by Plaintiff were actually caused by your collision.
Statute of Limitations
All states have their own statute of limitations. This is the legal timeframe wherein the plaintiff will have to file a claim for any injuries sustained. If the lawsuit was filed beyond the set time period, your defense attorney can contest this in court.
Let a Personal Injury Defense Attorney Handle Your Case
It’s crucial to immediately report if you have been sued in a personal injury lawsuit to your insurance carrier and then reach out to the right lawyer, so you can get reliable legal advice regarding your situation. When you need assistance, the legal team of Craig, Terrill, Hamm, Grossman & Erwin, LLP has you covered. Get in touch with us today to learn more!
