Personal Injury Defenses
It can be an extremely unfortunate situation when you have been injured in an accident, and it can be even more so if you are the one who is responsible for injuring someone else. No matter who is the victim in this situation it is normal to want to be compensated in some way by whoever was responsible. That being said, whether you plan on filing a personal injury lawsuit or if you have one that is being filed against you it always helps to be prepared to face a number of different types of defenses or arguments that you will most likely deal with whenever you do go to court. And while the types of defenses used in personal injury cases may vary they typically come down to two main points, what were the plaintiff’s actions in regards to the incident as far as causing it and what actions did the plaintiff not take after the injury as far as seeking medical treatment for their injuries (or whether they filed their lawsuit in the correct amount of time).
When the Defense is Based on Plaintiff’s Role in the Accident
One of the main defenses for anyone who has a lawsuit for personal injury filed against them will use is to claim that the plaintiff was either fully at fault or partially at fault for whatever accident occurred. It is rare that it is so cut and dry that one person is 100% responsible for an accident, and if you file a lawsuit against someone but they can prove your actions make you somewhat to blame then whatever compensation you were seeking will most likely be reduced. Whether this occurs before the trial even starts in settlement or if it happens at the end of a long court battle this is always a possibility, and the state in which the incident occurs and whether it is a comparative negligence state or a contributory negligence state can affect any settlement granted as well.
Schedule a Consultation With an Experienced New Jersey Personal Injury Attorney Today
If you have been injured in an accident or if you are responsible for someone else’s injuries you need a knowledgeable attorney like Christopher A. Brown who will stand up for you and fight for you in court. Call us today or fill out the from on this page for your initial consultation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.