What is a defense to a brain injury lawsuit?

A defense to a brain injury lawsuit in New York is when the defendant can prove that the plaintiff was at fault by showing that either the injury was pre-existing or that the plaintiff contributed to the injury by not taking proper precautions. To use a defense, a defendant must be able to prove that the plaintiff was the cause of the injury. One example of a defense to a brain injury lawsuit is that the injury was pre-existing. The defendant would need to provide evidence that the injury existed before the event or incident that caused the current injury. The defendant can provide medical records if available or other evidence that demonstrated that the injury occurred prior to the incident. Another common defense to a brain injury lawsuit is that the plaintiff failed to take proper precautions. This defense can be applied if the plaintiff failed to take steps to protect themselves from the injury. For example, if the plaintiff was not wearing a helmet while engaging in a dangerous activity, the defendant could argue that the plaintiff was negligent in not taking proper precautions. In addition, if the plaintiff was engaging in dangerous activities, the defendant might be able to successfully argue that the danger was an obvious risk that the plaintiff should have taken into consideration. For instance, if the plaintiff was participating in a motocross race without the proper safety gear and was injured, the defendant may argue that the plaintiff should have known the risk and taken proper precautions.

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What is a defense to a brain injury lawsuit?

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