Are there any special defenses available in a spinal injury lawsuit?

Yes, there are certain special defenses that may be available in a spinal injury lawsuit in New York. Generally speaking, these defenses can fall into two distinct categories: medical related defenses or non-medical defenses. Medical related defenses can include challenges to causation and preexisting conditions. These defenses generally involve an assertion by the defendant that the injured person’s spinal condition was not caused by the accident or that the condition was pre-existing and therefore not the fault of the defendant. In order to successfully employ these defenses, the defendant generally needs to prove that the injured person either experienced similar symptoms prior to the accident or that the condition could not have been caused by the accident itself. Non-medical defenses, on the other hand, involve challenging the plaintiff’s legal claims. This can include arguing that the plaintiff’s own actions contributed to the injury, that the defendant was not negligent or at fault for the accident, or that the plaintiff’s injuries were not the result of any negligent conduct by the defendant. Generally, the defendant needs to prove that the plaintiff’s own negligence played a role in causing the injury to successfully employ this defense. Overall, any spinal injury lawsuit in New York has many potential defenses that can be used -- medical and non-medical alike. Depending on the specifics of the case, these defenses can be used to successfully reduce or eliminate the defendant’s liability.

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Are there any special defenses available in a spinal injury lawsuit?

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