Defenses to a Car Accident Injury Claim step

Following a car accident involving injuries, it’s not uncommon for the plaintiff to file a lawsuit to recoup losses for medical treatment as well as compensation for pain and suffering. Whether you are contemplating filing a personal injury lawsuit or find yourself in the unfortunate position of being sued, you will find being familiar with some of the common defenses in personal injury claims very helpful when assessing your situation.

Common defenses generally fall into two separate categories: legal defenses and factual defenses. Legal defenses are defenses that prohibit a claim based on an existing law or rule. The most common legal defense to a car accident injury case is violation of the statute of limitations. Factual defenses are defenses that are dependent upon the actual specifics of the case, and can include defenses of contributory or comparative negligence and failure to mitigate damages. We'll take a closer look at these defenses in the sections below.