A personal injury lawsuit can threaten the reputation and financial viability of your business. With so much on the line, you need to find a way to aggressively defend yourself. That’s easier said than done, especially when the evidence is unfavorable to your position, but there are effective defense strategies that you might be able to implement in your case to minimize or completely defeat the plaintiff’s case.
What defense arguments can you use in your personal injury case?
Your options are going to depend on the facts at hand. However, here are some of the most common and effective strategies that you might be able to implement in your case:
- Comparative fault: The plaintiff’s ultimate recovery will be reduced by the percentage of fault that’s allocated to them. Therefore, the more you can show that they’re to blame for the incident, the better positioned you’ll be to avoid a large judgment.
- Assumption of risk: Some activities are inherently dangerous. If you can show that the plaintiff was aware of the risks of the activity that led to their injury but that they agreed to participate anyway, then you might be able to defeat their claim.
- Statute of limitations: Personal injury lawsuits have to be filed within a certain period of time. If they’re not, then you can block them from being brought against you and your business.
- Pre-existing injuries and conditions: Even if your company is found liable for the accident in question, you might be able to minimize the damage by showing that the plaintiff had pre-existing injuries or conditions that shouldn’t be attributable to the accident in question. This can reduce the judgment that’s ultimately entered.
Building an aggressive personal injury defense
The strategies above are very high-level. There are likely more specific and nuanced arguments that you can make in your case. That’s why you need to take a tailored approach to your case. By doing so, you might be able to secure the best possible outcome under the circumstances, thereby protecting your business.