For those who have inflicted an injury on another person and are facing the possibility of a lawsuit, there may be some options in having a claim against you cleared. The key is to find an argument that will negate the case against the defendant. The following are some defense strategies that a personal injury attorney may use get the case dismissed or to have the amount of compensation reduced:
Exceeding the Statute of Limitations
In basic terms, the statute of limitations is the time limit in which someone is allowed to file a lawsuit against someone else. This time period is typically dependent on the type of complaint being brought before the court and will vary from state to state. Exceeding the statute of limitations can often be a quick way to have the case dismissed.
No Direct Evidence of Fault Against the Defendant
When the plaintiff makes a claim against a defendant for a personal injury, they are required to list each and every way they believe that person or party is at fault. If the personal injury attorney is unable to provide a plausible allegation against the defendant, he or she may not face any charges or pay any damages on the case.
Legal liability is often determined in a number of ways, but it is most often due to negligence. One example of negligence includes a child getting hurt on a swing set in a back yard. If the plaintiff cannot provide proof that their injury was due solely to the defendant's swing set, or if it can be proven by proof that they were hurt due to their own carelessness, the defendant stands a better chance at winning the case.
Improper Mitigation of Damages
Damage mitigation is a concern for a defendant after he or she have been found liable for another person's injuries. This term refers to lowering the settlement amount you will be paying. Mitigating damages means that the plaintiff should do everything he or she can to minimize costs after being injured. The injured person must take reasonable steps to make sure they minimize the damage so they do not spend more than what is reasonable to the court.
An example would be if the defendant injured someone in a car accident and the plaintiff waited several weeks to be seen by a doctor rather than going to the emergency room right away. If waiting to be seen exacerbated their medical condition and caused more expensive treatment, the amount of damages could be smaller since they did not do what they should have in making sure they were treated properly.
It is important to consult a personal injury attorney before trying to make an argument against the plaintiff in a personal injury case. Always make sure to exhaust all strategies that could benefit the case and provide any additional evidence that could have the case dismissed. Check out websites like http://www.bjhmaldenlaw.com to learn more.