What are the legal defenses to a brain injury lawsuit?

Legal defenses to a brain injury lawsuit in California depend on the circumstances surrounding the injury. Generally, defendants may argue that the plaintiff assumed the risk, has a pre-existing condition, or both. When a plaintiff assumes the risk, they assume the potential of harm or death from an activity, such as participation in a contact sport. For example, the defendant may point out that the plaintiff knew the risks of playing the sport and still assumed the risk by participating. When a plaintiff has a pre-existing condition, the defendant may argue that the pre-existing condition was the cause of the injury, and not the negligence of the defendant. A “sudden emergency” defense is also available in California; this occurs when the defendant must make a split-second decision in response to an emergency, such as a motor vehicle collision. In California, contributory negligence is also a defense, which means that someone other than the defendant can be found to blame for the injury. The defendant will try to prove that the plaintiff was at least partly at fault, which would reduce the defendant’s overall liability. Finally, the statute of limitations is a defense, which means that a plaintiff must file a lawsuit within a certain time frame or the case will be dismissed. In California, the statue of limitations is typically two years, and this defense is generally used when the case is filed after the statute of limitations has expired.

Related FAQs

What are the legal defenses to a brain injury lawsuit?
What is a defense to a brain injury lawsuit?
What is the difference between a traumatic brain injury and a cerebral injury?
What is the difference between a brain injury lawyer and a medical malpractice lawyer?
What is a “loss of enjoyment of life” claim?
How is the value of a brain injury claim determined?
What should a person with a brain injury do to protect themselves legally?
What is a “loss of earning capacity” claim?
What are the long-term effects of a traumatic brain injury (TBI)?
What is the importance of a special damages claim in a brain injury lawsuit?

What are the legal defenses to a brain injury lawsuit?

Related FAQs

Related Blog Posts