A lawsuit for damages is a legal tool used when a person is injured by other individuals,
businesses, or defective products. In order for a person to be guilty of the injuries, they must
be responsible for having caused the damage.
It is recommended that lawsuits not be ignored, on the contrary, if you are accused of
causing injury to another you should consult an attorney and start your process to defend
Almost always plaintiffs who bring a settlement funding for damages and injuries base their
allegation on the negligence of the defendant. Therefore, the plaintiff (injured person) must
show that the defendant (responsible person) was negligent and therefore at fault for
causing the injuries.
Personal injury attorneys for the injured party must prove all the elements of a typical
negligence case in order to obtain compensation . And your defense attorney, for his part,
must develop a strategy to refute the evidence and justify that you are not responsible.
If the defendant is found to have acted negligently, but the plaintiff was not injured, then they
will not be able to claim compensation. And if the defendant caused the injury, but
negligence is not proven, the damage cannot be repaired either.
Defense in a negligence case
In a negligence case, juries must compare the facts, testimony and evidence considering
the following elements to reach a verdict:
Duty of care: Some negligence lawsuit cases hinge on whether or not the defendant owes
a duty of care to the plaintiff. For this duty to exist, the law recognizes a relationship between
the defendant and the plaintiff, in which the defendant is obliged to act in a certain way
towards the plaintiff. In a trial it will be the judge, and not a jury, who will determine if there
was a duty of care.
Breach of duty of care: A defendant breaches the duty of care if he fails to employ conduct
expected of a reasonable person in carrying out his action. The determination of whether the
defendant breached a duty of care is up to the jury.
Cause of Damage: In personal injury cases due to someone else’s negligence, a plaintiff
must show that the defendant’s actions actually caused the plaintiff’s injuries. Had it not been
for the defendant’s actions, the plaintiff’s harm would not have occurred.
Proximate cause: Refers to the extent of the defendant’s liability. That is, he is only liable
for damages that he could have foreseen through his conduct. But he is not responsible for
damages that are beyond his scope of risk that he could not have prevented. When it is,
then the plaintiff cannot show that the defendant’s actions were the proximate cause of the
damages he suffered.
Damages: In a negligence case, the plaintiff must show legally recognized damages.
Usually in the form of physical injury to a person or property. It is not enough that the
defendant failed to exercise reasonable care, but that fact must result in actual harm to the
person to whom the defendant owes a duty of care.
Defense by assumption of risk
A personal injury attorney can help you find the most appropriate strategies to defend
yourself against a lawsuit. Defendants can often defend themselves under the assumption of
risk doctrine . This legal tool can prevent an injured person from suing another for injuries or
damages, if certain conditions are met.
Under the assumption of risk the defendant can defend himself if he shows that:
● The plaintiff knew of the risk associated with the activity
● The plaintiff voluntarily consented to said risk.
If the defendant proves that the plaintiff knowingly exposed himself to risk, then he will not be
able to sue or recover compensation for the injuries he suffered. You should also keep in
mind that personal injury laws depend on the state where the accident occurred. So your
best defense is to consult an attorney if you are at risk of being charged for damages.