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

In Washington, common defenses used in a personal injury case include contributory negligence, assumption of the risk, and comparative negligence. Contributory negligence is a defense wherein the plaintiff is found to have contributed to their own injuries. This means that if the plaintiff was partially responsible for their own injury, then the defendant cannot be found liable or responsible for it. Assumption of risk assigns liability away from the defendant, and instead to the plaintiff. This defense is used when the plaintiff has knowingly and voluntarily taken on a risk and been injured as a result. Comparative negligence is a defense used when both the defendant and the plaintiff are found to be negligent. It assigns responsibility for the injuries to both parties, and assigns them percentages of fault. For example, if the plaintiff is found to be 40% at fault for the injury, and the defendant is found to be 60% at fault, then the defendant would be liable for 60% of the damages. Other defenses used in Washington’s personal injury cases include statute of limitations, which assigns a timeline to the case, andlast clear chance, which states that even if the plaintiff was partly negligent, the defendant had the last chance to avoid the accident and should therefore be held liable. Overall, the common defenses used in a personal injury case in Washington depend on the individual case and circumstances. An experienced lawyer can help their client navigate common defenses and determine their best course of action.

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