You might not be a lawyer, but you could use some help when it comes to dealing with personal injury cases. We’re here to give you a crash course on what defenses are used in this case and how they can affect the outcome.
1. The Accident Didn’t Happen
A personal injury lawyer doing his job will advise a client to deny liability and plead the defense of no liability. This means that the accident did not occur, it was an act of God or another person, and therefore the client doesn’t have to pay for any damages. It is considered the best defense in personal injury cases because it places all the responsibility on the other person, not you.
2. The Accident Did Happen, but it was the Plaintiff’s Fault
If the accident did happen, it might be a good idea to plead this defense. It means that even though the accident did occur, you didn’t cause it and therefore aren’t liable. However, using this defense requires a certain level of expertise because you must prove that you are innocent and that the plaintiff was negligent or reckless.
3. The Plaintiff was Able to Comply with the Reasonable Practices
You should use this defense if someone says you were negligent for not complying with reasonable practices. It means that there was no negligence on your part because you could have complied with reasonable practices and still had an accident.
4. The Plaintiff wasn’t Injured
The Levin Firm notes that to have a valid claim, the plaintiff must have suffered at least one injury. A minor injury is not considered sufficient to win a case. So if the plaintiff was not injured or his injuries were minor, and you can prove it, you may want to use this defense.
5. The Plaintiff’s Injury was Too Minor
A personal injury case will still go through if there is no significant damage or injury. However, if the injury was too minor, the plaintiff should not expect compensation. So you may want to try this defense. However, this defense is only valid in individual cases and not as a collective claim on behalf of other people in the same incident.
6. The Claimant was Actively Involved in the Accident
Some people may claim that they were not affected by accidents and that their injuries resulted from their negligence. They might think that this defense is genuine and should be accepted. However, it is more likely that the claim will be rejected if the plaintiff can prove they were actively doing something such as driving, operating machinery, or playing sports that led to the injury.
7. The Plaintiff was Mistaken as to the Cause of their Injury
In some cases, the injuries that a person suffers in an accident are not caused by the person driving the car at that time. They may instead say that they never actually saw another person driving or operating machinery and assumed it was them. This means that the plaintiff is mistaken about their responsibility for their injuries and should not face compensation.
8. The Accident wasn’t a Liability Claim
You could use this defense if the accident were not a liability claim. A liability claim means that someone is being compensated for damage caused to them by their negligence or theft.
9. The Accident Happened Because of a Third Party
If you can prove that the accident was caused by a third party who is not responsible for damages, then you should use this defense. A third party can include people other than the driver or passengers involved in an accident, such as pedestrians, drivers of vehicles involved in the incident, and construction workers.
10. The Accident Happened Because of a Mistake
Some people may claim that they didn’t know another person was driving. This means that although you were responsible for the accident, it wasn’t your fault, and you shouldn’t face punishment. However, it is not like the mistake defense in legal cases because this can be used as a device to avoid paying compensation.
11. The Accident wasn’t a Crime
When a personal injury case is over, the judge will most likely dismiss it if it is not a crime or an accident. So if you’re claiming compensation after an accident and the other party was found guilty of committing a crime such as reckless driving, this defense can be used to help you win.
12. The Accident Happened Despite Other Factors
This defense will be used when other factors are at play, such as a potential safety system, that can be considered. The actions of another person still caused the accident, but the accident occurred despite these precautions or other factors in place.
13. The Plaintiff wasn’t Actually in an Accident at All
If someone says they were in an accident with you, but there is no proof, then this defense should be used. It means that although someone was in an accident with you, there was no evidence that a collision or accident happened. It could be that the person was being reckless by driving fast and caused damage to themselves, not you. In this situation, you are not responsible for any damages they suffered because there is no proof of an accident. The plaintiff should not be awarded compensation as long as there is no proof of them being in an accident.
14. The Plaintiff wasn’t Legally Injured
If a plaintiff cannot prove that they suffered any personal injury, this defense should be used. It means that although the plaintiff was in an accident, there was no proof of them being injured or suffering any damage.
15. Another Factor was at Play
Sometimes, there could be another factor that is causing an accident. For example, there could be water on the road during the accident. If this factor is at play, then you should use this defense. In other words, although someone else’s negligence caused an accident and you suffered damage, another factor caused the accident for which you can’t be held responsible.
Learn More
Many different legal defenses can help a defendant in a personal injury case. If you need help with a personal injury case, contact the personal injury lawyers of The Levin Firm today to speak with an attorney and get the help you need.
