Possible Arguments For Defendants In Personal Injury Case

  • September 8, 2021

In a personal injury case, the one legal team defends the person that was allegedly responsible for causing the accident, and the related injury. A plaintiff should know the arguments that are associated with the typical defense strategy.

Potential for shared fault

Did the plaintiff do something that contributed to creation of the accident, or helped to increase the severity of the plaintiff’s own injury? If a defense team could produce evidence that would force a “yes” answer to that question, then that same team would have a good strategy.

In a car accident case, the lawyers for the defendant often check to see if the other driver was wearing a seat belt at the time of the collision. If the plaintiff’s medical history included mention of an on-going medical condition, then the defense team might try a different strategy.

It might suggest that the absence of an added piece of safety gear could have reduced the chances for a serious injury. Plaintiffs should not be shocked to hear that their injury might have been less serious, if they had been wearing 2 seat belts. Some insurers have urged their negotiating team to try that approach.

Assumption of risk

This is the argument that a defense attorney is apt to use, if the plaintiff has been injured while taking part in a sporting activity, of while at some type of recreational facility. This argument alleges that the plaintiff’s actions demonstrated an awareness of the potential dangers, and a readiness to proceed, in the face of such dangers.

The personal injury lawyer in Evanston representing the plaintiff should know how to evaluate the strength of such an argument. The argument’s potential strength soon disappears, if the identified danger has no connection to the cause for the client’s/plaintiff’s injury. For instance, the owner of a golf course could not claim assumption of risk, if a golfer had managed to step into a rabbit’s hole, one that was located along a fairway.

Failure to mitigate effects of injury

Any person that has filed a personal injury claim has an obligation to reduce the chances for aggravation of the sustained injuries. That is why accident victims need to seek medical help as soon as possible

Furthermore, once a physician has prescribed a given treatment, the injured patient should use it, in order to avoid a charge of failure to mitigate effects of injury. That could mean taking the prescribed medicine. Alternately, that compliance with the prescribed treatment might involve going to a series of scheduled massage sessions or physical therapy sessions. Ideally, the treating doctor has made a point of recording the number of times that the plaintiff/patient has arrived at the doctor’s office on the day of the appointment.