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Personal Injury Claims – What You Need to Mount a Decent Defense

There is a possibility that you will lose a personal injury case, especially if you are partly responsible for the plaintiff’s injury or injuries. This does not mean you should not try to beat the case if you have enough evidence to lift your responsibility. The following are a few defense strategies to beat a personal injury case.

Proving Risk Was Disregarded

A good strategy that a lawyer has against the plaintiff is to prove an assumption of risk. This strategy is seeking to show that the plaintiff knew that a risk was involved regarding the accident. Proving this can be done in numerous ways, such as showing that the plaintiff was aware of the risk beforehand. Making the plaintiff aware of the danger could be as simple as a sign that warned people of the risk.

Finding an Unbiased Jury

One important task that a lawyer has to deal with is ensuring that the jury is not biased regarding insurance companies. The lawyer is trained to ask the right questions, and they analyze the answers given for those questions. Professionals, like a Boise personal injury lawyer, know that asking the right questions is crucial to any case. Some jurors might have had some trouble with insurance companies before, such as being denied a claim. These biases might incline a juror to give money to the plaintiff without really assessing the evidence before him or her.

Proving Contributory Negligence

Another type of evidence that a lawyer will attempt to find is proof that the plaintiff contributed to the incident through willful negligence. This could be something as simple as not wearing prescribed glasses, which might have helped him or her avoid the incident. Amassing enough evidence to prove that the plaintiff was completely at fault might actually lift your responsibility of the plaintiff’s injuries. Of course, there are some instances where the responsibility is split, but that really does depend on your specific case.

Plaintiff’s Failure to Mitigate

It is possible that the plaintiff failed to mitigate after his or her own health or employment status. This means that the plaintiff might have purposely avoided looking for work, which means that you are not responsible for any wages lost in that instance. It is also possible that the plaintiff did not seek medical attention or did not follow the doctor’s advice. This means that the amount of medical expenses that you are responsible for can be significantly reduced.

These are just a few defense strategies that a good lawyer may use to help you beat a personal injury claim.

Author information: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter: @RachelleWilber.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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