Personal Injury Defenses

If you are considering filing a Jacksonville personal injury lawsuit because you have been hurt by a reckless party, you need to be informed about the challenges you may face. For obvious reasons, individuals and companies do not like to admit responsibility for an injury. The risks of doing so can be especially great for a company, who may lose business due to bad publicity.

If your case goes to trial, there are certain legal strategies that the defense may try. This article will provide a brief overview of possible legal defenses to a personal injury claim. A qualified Jacksonville personal injury lawyer will know the best ways to counter these defenses.

Comparative Negligence

Defendants may argue that other parties, including plaintiffs, are more responsible for the injuries than they are. If this argument is used successfully, the judge may reduce the damages that a defendant must pay, or dismiss the case entirely.

Assumption of Risk

If the defendant can show that the plaintiff knowingly engaged in dangerous behavior, the case can be dismissed. For example, if the dangers of a certain product were well advertised, but the plaintiff used it anyway, he or she may not have grounds for a lawsuit.

Attacking the Plaintiff’s Claims

A common defense strategy is to simply deny that the plaintiff’s injuries are serious enough to be grounds for a lawsuit. This can often lead to a trial in which competing expert witnesses for both sides try to show that the plaintiff’s injuries are major or minor.

Contact Us

To discuss the strength of your case with a qualified Jacksonville personal injury lawyer, contact the offices of Don Guthrie, PA, at 904-296-1088.