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

In a personal injury case in Maine, defendants may have a range of legal defenses available to them. The most common defense is known as contributory negligence, meaning that the plaintiff may have contributed to the incident or injury in some way. This defense prevents the plaintiff from receiving full compensation for the injury, as the defendant can argue that the plaintiff is partially at fault. Another common defense is assumption of the risk, which suggests that the plaintiff knew of the risks involved in the activity that led to the injury. The defense of comparative negligence is also popular; this defense claims that both the plaintiff and the defendant share responsibility for the injury, and the plaintiff’s compensation should be reduced according to the degree of fault attributed to them. In addition, the defense of contributory negligence applies, which suggests that any damage caused is a result of the plaintiff’s own negligence. This defense usually applies if the plaintiff failed to take action that could have prevented the injury or failed to use reasonable caution in an activity. Lastly, the defense of statute of limitations applies; this defense states that if a lawsuit is not filed within the allotted time period, as determined by state law, then the defendant is not liable for the injury. In Maine, personal injury claims must typically be filed within six years of the incident for most types of cases. If the claim is not filed within that time period, the defendant cannot be held liable for the plaintiff’s injury.

Related FAQs

What can I do if an insurance company denies my claim?
What is a contingency fee and how does it work?
What is the best way to communicate with my personal injury attorney?
What is comparative negligence and how does it affect my case?
Should I talk to an insurance adjuster without consulting an attorney?
What should I do if I'm injured in an accident?
What kind of information should I include in a demand letter?
How do I choose the right lawyer for my case?
What if I'm injured in a hit-and-run accident?
What is the process for filing a personal injury claim?

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

Related FAQs

Related Blog Posts