What is a defense to a brain injury lawsuit?

When someone is injured due to the negligence or intent of another, a personal injury lawsuit may be filed. Brain injury cases are no exception. Plaintiffs may seek compensation for lost wages, medical expenses and pain and suffering, among other damages. In California, a brain injury lawsuit must prove that the defendant was negligent, meaning that they acted in a reckless or careless manner that caused the injury. The defendant may be able to raise a defense to a brain injury lawsuit, which could ultimately result in the case being dismissed. The most common defense strategies are contributory negligence and comparative negligence. Contributory negligence is a complete defense in which the plaintiff was the sole cause of their own injury. Comparative negligence is a partial defense and acknowledges that the plaintiff was partially responsible for their own injury. In addition, the statute of limitations is a defense to brain injury lawsuits. In California, the statute of limitations for personal injury lawsuits is two years from the date of injury. If a plaintiff does not file their lawsuit within the two-year period, the case may be dismissed for being too late. Another defense strategy is to argue that the injury was unavoidable or unforeseeable. Whether or not a defense is successful in court will depend on the facts and evidence in the case. Ultimately, a brain injury lawsuit can be difficult to win, however using the right defense strategies can help ensure the best possible outcome.

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