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

In Virginia, there are several common defenses that can be used in a personal injury case. These defenses can be used to argue that the defendant is not liable for the plaintiff’s injuries. The first defense is comparative negligence. This means that the defendant claims that the plaintiff’s own carelessness partially caused their injuries. The court may find that both parties were at fault and assign a percentage of fault to each party. In Virginia, a plaintiff’s compensation can be reduced if they are found to be more than 50% at fault. The second defense is assumption of risk. This defense holds that the plaintiff should have known and accepted the risk of injury before engaging in the hazardous activity. This is often used in cases involving sports or recreation. The third defense is contributory negligence. This means that the defendant claims that the plaintiff’s negligence contributed to their injury. For example, if the plaintiff failed to use a safety harness when working on a tall building and was injured in a fall. In Virginia, if it is determined that the plaintiff was even 1% responsible for their own injuries, then they cannot recover any damages in a personal injury case. Finally, there is the defense of statute of limitations. This defense holds that the plaintiff has filed their case after the legally allowed time frame that Virginia has set for personal injury cases. If this defense is successful, the court will not hear the case. These are the four most common defenses used in personal injury cases in Virginia. Whether or not any of these defenses will be successful depends on the facts of the case and whether the defense can be substantiated with evidence.

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

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