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 Virginia. The most common defense is contributory negligence. If the injured party is found to have contributed to their injury, their recovery of damages may be denied or reduced. Another defense is known as assumption of risk. This means that the injured party was aware of the potential risk and voluntarily accepted the risk, assuming responsibility for any harm that may occur as a result. Comparative negligence is another defense that may be used. If the injured party is found to have been partially responsible for the injury, their award of damages will be reduced to a percentage relative to their fault. The statute of limitations is also a defense that can be used in a catastrophic injury claim. Virginia has a two-year statute of limitations for personal injury claims, which means that if the claim is not filed within two years of the injury, the injured party may be barred from recovery. Lastly, a defendant may use the defense of “last clear chance.” This argument is made when the injured party had the last clear chance to avoid the accident but failed to do so. In order for a defendant to successfully use any of these defenses, they must be able to prove that the plaintiff was at least partially responsible for the accident or injury. A knowledgeable catastrophic injury attorney can help defendants in Virginia understand the specifics of these defenses and determine which are available in their case.

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

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