When pursuing a personal injury claim, it’s important to be aware of the defenses the other party may use to avoid liability. Michael DeMayo Injury Law has extensive experience countering these defenses to ensure that their clients receive the compensation they deserve. Here are 13 common defenses used in injury cases and how the firm fights against them.
1. Contributory Negligence
Defense: The defendant may claim that the plaintiff was partially responsible for the accident and should not receive full compensation.
Counter: In many states, even if a plaintiff is partially at fault, they can still recover compensation. Michael DeMayo Injury Law works to minimize your level of fault and prove that the defendant’s negligence was the primary cause of the accident.
2. Assumption of Risk
Defense: The defendant may argue that the plaintiff knowingly assumed the risks involved in the activity that led to their injury.
Counter: The firm demonstrates that the plaintiff was not fully aware of the dangers or that the risks were unreasonable, making the defendant liable for failing to prevent harm.
3. No Duty of Care
Defense: The Michael DeMayo Family Charlotte may claim that they did not owe a duty of care to the plaintiff at the time of the accident.
Counter: Michael DeMayo Injury Law establishes that the defendant had a legal obligation to act reasonably to prevent harm, whether through property maintenance, safe driving, or other means.
4. Lack of Causation
Defense: The defendant may argue that the plaintiff’s injuries were not directly caused by their actions or negligence.
Counter: The firm provides evidence linking the defendant’s negligence to the plaintiff’s injuries, using medical records, expert testimony, and accident reports to prove causation.
5. Pre-Existing Condition
Defense: The defendant may argue that the plaintiff’s injuries were caused by a pre-existing medical condition, not the accident in question.
Counter: Michael DeMayo Injury Law works with medical professionals to demonstrate that the accident either aggravated a pre-existing condition or caused new injuries that warrant compensation.
6. Comparative Negligence
Defense: The defendant may claim that the plaintiff’s actions contributed significantly to the accident.
Counter: Even in comparative negligence states, Michael DeMayo Injury Law works to reduce the percentage of fault attributed to the plaintiff, ensuring they still receive compensation.
7. Failure to Mitigate Damages
Defense: The defendant may argue that the plaintiff failed to seek medical treatment promptly or did not follow medical advice, worsening their injuries.
Counter: The firm provides documentation showing that the plaintiff took reasonable steps to mitigate damages and that the injuries are a direct result of the accident.
8. Statute of Limitations
Defense: The defendant may claim that the plaintiff waited too long to file the lawsuit, and the statute of limitations has expired.
Counter: Michael DeMayo Injury Law ensures that all claims are filed within the legal time frame and will argue against any unjust attempts to dismiss the case based on timing.
9. Release of Liability
Defense: The defendant may argue that the plaintiff signed a waiver or release of liability before engaging in the activity that caused the injury.
Counter: The firm examines the waiver closely to determine if it was legally valid and whether the defendant can still be held accountable for gross negligence.
10. Lack of Evidence
Defense: The defendant may argue that there is insufficient evidence to prove negligence or damages.
Counter: Michael DeMayo Injury Law gathers comprehensive evidence, including medical records, witness statements, and expert testimony, to build a strong case that supports the plaintiff’s claim.
11. Emergency Doctrine
Defense: The defendant may claim that they were acting in an emergency situation and did not have time to act reasonably.
Counter: The firm shows that even in emergencies, the defendant had a duty to act with reasonable care and could have prevented the injury with different actions.
12. Independent Contractor Defense
Defense: In cases involving businesses, the defendant may argue that the injury was caused by an independent contractor, for whom they are not legally responsible.
Counter: Michael DeMayo Injury Law investigates the relationship between the defendant and the contractor to determine whether the defendant can still be held liable for the contractor’s actions.
13. Consent
Defense: The defendant may argue that the plaintiff consented to the risks that led to their injury, making the defendant not liable.
Counter: The firm demonstrates that the plaintiff did not fully consent to the risks involved or that the defendant’s negligence went beyond the scope of consent.
FAQs
1. What should I do if the defendant claims I was partially at fault?
Even if you were partially at fault, you may still be entitled to compensation. Michael DeMayo Injury Law will work to minimize your level of fault and secure fair compensation.
2. Can I still file a claim if I signed a waiver?
It depends on the validity of the waiver and whether the defendant acted with gross negligence. The firm will examine the waiver and determine if you still have a case.
3. What if the defendant argues that my injury was pre-existing?
The firm works with medical experts to demonstrate that the accident either caused new injuries or worsened a pre-existing condition, making you eligible for compensation.
4. How does the firm prove causation in injury cases?
Michael DeMayo Injury Law uses evidence such as medical records, accident reports, and expert testimony to link the defendant’s negligence directly to your injuries.
5. What happens if the defendant argues the statute of limitations has expired?
The firm ensures that all claims are filed within the legal time frame. If the defendant argues that the statute of limitations has passed, the firm will present evidence to refute that claim.
Conclusion
Defendants in personal injury cases often use various defenses to avoid liability, but Michael DeMayo Injury Law is prepared to counter these strategies effectively. By understanding and addressing common defenses, the firm ensures that clients have the best chance of securing the compensation they deserve.
