What is a defense to a brain injury lawsuit?

A defense to a brain injury lawsuit in Washington is a way of responding to a legal claim which the defendant believes is not valid or does not owe a duty of care to the plaintiff. This defense can take many forms, such as contributory negligence, proximate cause, assumption of risk, and comparative fault. Contributory negligence occurs when the plaintiff was partially responsible for their injury, either by not taking necessary safety measures or by not properly assessing a situation. In Washington, a plaintiff who is found to be partially responsible for their own brain injury is blocked from recovering any damages. Proximate cause is a defense against a brain injury lawsuit if the defendant can prove that the injury was not caused directly by their action. The defendant must prove that the plaintiff’s injury was caused, directly or indirectly, by a third party or by a force of nature. Assumption of risk is another defense that is often used in brain injury cases. This occurs when the plaintiff knew, or should have known, the risk of engaging in an activity, yet willingly participated in it. Lastly, comparative fault is a valid defense in Washington brain injury cases. This occurs when both the plaintiff and defendant are found to have contributed to the plaintiff’s injury. In this instance, the court will determine the extent to which both parties contributed to the injury, and the plaintiff’s damages will be reduced accordingly.

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What is a defense to a brain injury lawsuit?

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