What are the legal defenses to a brain injury lawsuit?

A brain injury lawsuit typically arises when an individual suffers a brain injury due to someone else’s negligence. However, the person being sued may have certain legal defenses available to them. In New York, the most common legal defenses to a brain injury lawsuit are contributory negligence, assumption of risk, and Statute of Limitations. Contributory negligence is a legal defense that allows the defendant to prove the plaintiff’s own negligence contributed to the injury. For example, if a person suffers a brain injury due to a car accident, the defendant may argue the plaintiff was speeding or not paying proper attention, therefore contributing to their own injury. Assumption of risk is another defense to a brain injury lawsuit. In this defense, the defendant argues that the plaintiff was aware the activity was dangerous but still chose to participate. For instance, if the brain injury happened while the plaintiff was participating in a dangerous sport, the defendant may argue that the plaintiff assumed the risk of injury by participating. Finally, a brain injury lawsuit may be barred by the Statute of Limitations. The Statute of Limitations sets a timeframe for when a lawsuit must be filed. If the plaintiff files their lawsuit after the Statute of Limitations expires, the defendant may argue that the lawsuit should be dismissed. In New York, the Statute of Limitations for most personal injury cases is three years from the date the injury occurred. These are the most common legal defenses available to defendants in a brain injury lawsuit in New York. However, it is important to note that each case is unique and the defenses available may vary. It is important to speak with an experienced attorney before taking any legal action.

What are the legal defenses to a brain injury lawsuit?

Related FAQs

Related Blog Posts