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Friday, August 12, 2022

Commonly Raised Defenses In A Personal Injury Claim

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A Cook, Software analyst & Blogger.

If you have decided to take your personal injury claim to court, you must be prepared for a few things. You must establish negligence and liability with proper evidence. Other than that, you also need to be prepared to be opposed by the other party. 

As the law allows all parties to defend themselves, you cannot expect to go through a personal injury claim without being opposed or blamed by the other party. Johnston Law Firm has skilled attorneys who can predict these defences and prepare you for combatting them. If you are hurt in NJ, then you can get a free counsel from a New Jersey personal injury lawyer to file you claim

Defenses Used In A Personal Injury Claim

Contributory negligence. 

The most common type of defense that is used in personal injury cases is contributory negligence. When you blame the other party for your injuries, it is only natural that they blame you back and put some percentage of the blame on you. They may raise the argument that the accident could have been avoided if you had taken specific steps or been more careful. 

Assumption of risk. 

The assumption of risk defense means that the victim was aware of the risks of that particular activity because of its nature but still continued to participate in it. For example, skiing is considered to be a risky activity. If you wish to go skiing even after knowing that injury can happen, then you might not get compensation. If the defendant successfully establishes that there was an assumption of risk, you won’t receive compensation. 

Existing health conditions. 

Alleging that the victim’s injuries already existed before the accident is one of the most famous tactics of reducing the compensation amount. The defendant will try to dig up information about your medical history and recent medical records of your injuries. However, even if the defendant successfully establishes that your injuries were pre-existing, it does not mean that the accident could not have worsened the injuries. You can still file a claim against the liable party for aggravating your injuries. 

Statute of limitations.

The statute of limitations decides the maximum time to file for legal proceedings after an event. It is a legal document that decides a timeframe within which you must file your personal injury claim. Different states have different limitations. Failing to file the injury claim within the given time limit will land you no compensation. For example, if your state’s statute of limitations is two years, you must file your claim or lawsuit within two years of the exact date of the accident. 

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