What are the legal defenses to a brain injury lawsuit?

In Arkansas, the possible legal defenses to a brain injury lawsuit depend on the cause of the injury and the circumstances relevant to the case. Generally speaking, however, some of the most commonly used defenses in brain injury cases include contributory negligence, assumption of risk, comparative negligence, and statute of limitations. Contributory negligence means that the plaintiff’s own actions may have contributed to their injury. For example, if the plaintiff failed to take reasonable steps to protect themselves from the risk of injury, this defense may be used against them. Additionally, if the injured person should have known that an action or activity was dangerous, they could be held liable for an increased percentage of damages. The defense of assumption of risk means that the injured person willingly accepted the risk that comes along with certain actions or activities. For example, if the injured person knowingly assumed the risk of participating in a potentially dangerous activity, they may not be awarded the same damages as someone who was injured without consent. Comparative negligence is a defense that assigns a percentage of fault to each party involved in an accident. For example, if the plaintiff was found to be 20% at fault for the accident, their award of damages would be reduced by 20%. Finally, the statute of limitations defense may be used if the plaintiff failed to file a claim within the time permitted by law. In Arkansas, the statute of limitations for filing a claim related to an injury is two years from the date of injury. Ultimately, any defense used in a brain injury lawsuit must be carefully considered on a case-by-case basis. It is important to consult a competent attorney familiar with the laws of Arkansas in order to ensure that all applicable defenses are accounted for.

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