Defensive Arguments In A Personal Injury Lawsuit

If you are thinking of bringing up legal actions against a party that has been involved in an accident that caused you injuries you have to be thoroughly prepared in the anticipation of the eventual defensive arguments. The best thing for you to do is to hire a professional and experienced personal injury attorney to plead your case and help you move it forward in front of the court as he would be knowledgeable and experienced enough to know how the case would unravel. However, for your own peace of mind you should know that there are a lot of defensive techniques that could be implemented and we are going to cover some of the most common ones of them.

Contributory Negligence

This is one of the things that are going to be called upon in case the opposite party believes that you are also liable for the accident. Even though there are specific fault determination rules which are going to take place, the repugnant might call up additional expertise in order to determine the proper assessment and distribution of the fault in order to claim reduction of the claim. In order to counter-act you are going to have to have solid arguments proving that you have no role in the causality and you are only the injured. This is particularly important if you want to be able to get the full amount of your claim. That is one of the reasons that you need to call in the personal injury lawyer to represent your side. They understand the details of the case and help you navigate the different legal procedures.

Decline Responsibility

The opposite side might claim that he is absolutely not responsible for the accident by stating different arguments. You have to be thoroughly prepared to prove that he was at the site and he was the one who caused the accident. In doing so, you would have to determine the three pillars of the personal injury case – damages, negligence and causality. You have to be prepared to prove your actual damages. Furthermore, you have to prove that the accident was caused because of the negligent behavior of the opposite party. Doing so would require him to breach some specific duty of care which is owed in the particular situation which means that you also have to prove the required duty of care and its breaching. Furthermore, you want to prove that there is a thorough causality link between all pillars – the negligent behavior should have caused the accident while the accident should have caused the damages that are being claimed upon.

If you manage to do all these you can rest assured that there won’t be any arguments that could be used against you. However, even though it might seem rather straightforward there are tons of potential complications that you might want to take into consideration.

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