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

Yes, there are special defenses available in a spinal injury lawsuit in Wisconsin. Many of these defenses are based on the concept of comparative negligence, which is the idea that both parties involved in an accident can be partially responsible. One example is the “last clear chance” doctrine, which states that even if the plaintiff was negligent, the defendant may still be liable if they had the last clear chance to avoid causing the injury. Another example is known as contributory negligence, which states that if the plaintiff is found to be partially at fault, they may not be able to recover any damages for that accident. This is a strict defense and is rarely successful. The statute of limitations can also be a special defense in spinal injury cases. This is the amount of time a plaintiff has to file their lawsuit after an injury has taken place. In Wisconsin, a victim of a spinal injury must file a lawsuit within three years of the date of the injury. If the plaintiff fails to do this in time, the case can be dismissed. Finally, a defendant may be able to use the defense of assumption of risk in a spinal injury case. This means that if the plaintiff was aware of the risks associated with the activity, the defendant may not be liable for their injury. For example, if a patient knows the risks of a certain medical procedure and still decides to undergo it, they may not be able to sue if something goes wrong.

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

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