Are there any defenses available to a defendant in a catastrophic injury case?

Yes, there are defenses available to a defendant in a catastrophic injury case in Texas. These defenses typically revolve around allegations that the plaintiff was partially or wholly responsible for their injuries. This is referred to as “contributory negligence” and it can prove to be a very effective defense for the defendant. Under the law, if a plaintiff’s actions show that they had a part in causing their injuries, then the defendant can use this against them as a form of defense. For example, if the plaintiff was engaging in risky behavior when they were injured, the defendant can use this as evidence that the plaintiff was partially at fault for their injury. In the event the defendant can prove that the plaintiff’s behavior was the primary cause of their injury, then the court may decide to reduce the defendant’s liability for damages. This is an essential defense for a defendant in a catastrophic injury case, as it can help them save on the costs associated with a lawsuit. Additionally, some defendants may also be able to prove that the plaintiff was responsible for their own injury even if their actions were not the primary cause. This is known as “comparative negligence” and is another defense available to a defendant in a catastrophic injury case in Texas. Under this defense, the court can adjust the amount of damages the defendant is liable for depending on the degree of responsibility attributed to the plaintiff.

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Are there any defenses available to a defendant in a catastrophic injury case?

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