What are the common defenses used in a personal injury case?

Common defenses used in a personal injury case in California depend on the type of personal injury claim being made and the specifics of the incident. Generally, the most common defenses are: 1. Contributory Negligence: This means that the defendant is arguing that the plaintiff was also responsible, at least in part, for the injury. The defendant is asserting that the plaintiff should have taken steps to protect themselves from the injury or should have been aware of the potential of being hurt. 2. Assumption of Risk: This means that the defendant is arguing that the plaintiff should have known the risks associated with the activity or situation and voluntarily accepted those risks. This can arise in cases where the plaintiff was performing a dangerous or risky activity, such as extreme sports. 3. Comparative Negligence: This means that the defendant argues that both the plaintiff and the defendant shared responsibility for the injury. This defense means that even if the plaintiff was injured and the defendant was partially at fault, the degree of fault attributed to the plaintiff must also be considered. 4. Statute of Limitations: This means that the defendant is arguing that the plaintiff waited too long to bring the injury claim and that the law does not allow them to do so. A statute of limitations can vary by state and by type of personal injury claim. No matter the defense used, it is important for the plaintiff and their attorney to fully understand the specifics of the case in order to build and defend the best possible case. In California, most personal injury cases are bound by a two-year statute of limitations.

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