Are there any special defenses available in a spinal injury lawsuit?
Yes, there are special defenses available in a spinal injury lawsuit in North Carolina. These defenses can be used to counteract the plaintiff, or injured party’s, claims. In general, if a defendant can show that the plaintiff was either at fault for their own injury, or that their own actions caused or contributed to the injury, then that may be a valid defense. For example, if a plaintiff was not wearing a seatbelt when they were in a car accident and sustained spinal injuries, then the defendant could bring a defense that the plaintiff was partially responsible for their injuries due to their negligence. The defendant could argue that if the plaintiff had been wearing a seatbelt, their injuries would have been much less serious. Another common defense in a spinal injury lawsuit in North Carolina is contributory negligence. This defense argues that a plaintiff’s own conduct or negligence also caused or contributed to the injury. For example, if the plaintiff was not following the safety instructions of an activity and then sustained a spinal injury, then the defendant could use the defense of contributory negligence to reduce their liability. In North Carolina, a plaintiff must prove that the defendant’s negligence was the direct and proximate cause of the plaintiff’s injury in order to be successful in a spinal injury lawsuit. If any of the aforementioned defenses can be proven, then it can reduce the defendant’s liability for the injury and/or defeat the plaintiff’s case.
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