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

Yes, there are certain special defenses that a defendant in a spinal injury lawsuit in Washington may be able to utilize. Generally speaking, Washington follows the comparative negligence doctrine, which allows the defendant to argue that the plaintiff is partially, or entirely, at fault for their own injuries. This means that if the defendant can show the court that the plaintiff knew of the risk that led to their spinal injury or failed to take any reasonable steps to prevent it, the court could potentially reduce or even deny the plaintiff’s damages. Another defense that is sometimes available is assumption of risk, which indicates that the plaintiff knowingly assumed the risk of their own injury by voluntarily engaging in a potentially dangerous activity. This may include sports activities or other recreational activities such as rock climbing. The defendant in this case would need to show that the plaintiff was fully aware of the potential risks of the activity, and nonetheless chose to engage in it. Finally, the defendant may also be able to use the defense of contributory negligence, which states that a plaintiff’s own negligence, either directly or indirectly, is responsible for their own injury. This means that if the defendant can show that the plaintiff was, in some way, responsible for their own injury, then the court could reduce or deny their damages. It is important to note, however, that this defense is generally not applicable to spinal injury cases in Washington.

Related FAQs

Can I file an appeal if my spinal injury lawsuit is not successful?
Do spinal injury lawsuits usually go to trial?
What are the most important factors to consider when filing a spinal injury lawsuit?
What kinds of damages can I be awarded in a spinal injury lawsuit?
How can I get help paying for rehabilitation after a spinal injury?
What is the average amount of time it takes to settle a spinal injury lawsuit?
When should I seek legal advice regarding a spinal injury?
What are the most important considerations in assessing a spinal injury claim?
What types of damages can a spinal injury victim collect?
How can I determine the value of my spinal injury case?

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

Related FAQs

Related Blog Posts