What are the legal defenses to a brain injury lawsuit?

When someone has suffered a brain injury due to another person’s negligence, they may file a lawsuit. In Kansas, someone who has suffered a brain injury has a right to seek damages for medical expenses, lost wages, and pain and suffering. However, the person responsible for the injury may also have legal defenses to raise in court. One defense is known as “comparative negligence.” This means that the defendant (the person being sued) may argue that the plaintiff (the person filing the lawsuit) was partly responsible for their injuries. This means that the court may reduce the amount of damages the defendant has to pay based on how much of the fault lies with the plaintiff. Another defense is called “assumption of risk” and this argument states that the plaintiff was aware of the risk and accepted the risk of the injury when they engaged in the activity. For example, a plaintiff can’t sue a ski resort if they were injured while skiing, because they had assumed the risk of injury. The “statute of limitations” is another defense used in a brain injury lawsuit. This defense states that the plaintiff must file their lawsuit within a certain amount of time or else they can’t pursue legal action. In Kansas, the statute of limitations for a brain injury lawsuit is two years from the date of the injury. Finally, the defense of “contributory negligence” is also used in brain injury lawsuits. This defense argues that the plaintiff was partly responsible for the accident and therefore, can’t recover damages. The amount of the plaintiff’s contribution will be taken into account in determining how much the defendant will pay in damages.

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What are the legal defenses to a brain injury lawsuit?

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