Defending Against a Personal Injury Lawsuit

Defining a Personal Injury Lawsuit

Nevada law entitles people who have suffered bodily injuries to pursue claims against the person or business that caused them. These personal injury claims arise from simple fairness.

When one party injures another, the burden of the medical bills and income losses should not fall on the accident victim. Instead, the law allows the victim to file a personal injury lawsuit to assert that the party responsible for the injury should also be liable for the economic and non-economic losses they caused.

What Does a Personal Injury Defense Lawyer Do?

A plaintiff’s lawyer represents the injured party. The personal injury defense lawyer represents the person accused of causing the injury.

Occasionally, you must find an injury attorney to defend you from a personal injury claim. This attorney listens to your side of the story and develops a legal defense to the accusations.

Your attorney will review the plaintiff’s evidence and find weaknesses in their case. Your lawyer might even assert counterclaims blaming the plaintiff for your injuries to get compensation from them if you have also been injured.

Speak to a Personal Injury Defense Lawyer Today

Search for a personal injury defense lawyer near you for a free consultation and learn how Adam S. Kutner, Injury Attorneys, can defend you from personal injury claims.

How To Defend Yourself From a Personal Injury Claim

A personal injury claim has required elements. Most defenses involve poking holes in the other party’s case. A personal injury defense attorney knows how to fight a personal injury lawsuit and may raise the following defenses:

Rebut the Plaintiff’s Factual and Legal Assertions

The plaintiff must have evidence to prove the elements of their claim. If the evidence does not match their assertions, they might not be able to win their case.

This can happen in a few ways. First, the plaintiff may be lying about a relevant fact in the case. Your defense attorney can typically expose this by presenting evidence and testimony that contradict the misstatement. Second, a plaintiff may have exaggerated certain details. A lawyer can also expose exaggerations using contradictory evidence.

Finally, plaintiffs and their attorneys may make incorrect assumptions about a relevant fact. For example, a lawsuit might say, “On information and belief, the defendant was intoxicated by marijuana at the time of the accident.” A defense attorney could correct this assumption by showing that their client wasn’t intoxicated.

Prove You Owed No Duty of Care to the Plaintiff

Negligence can only happen when you owe a duty of care to the plaintiff. This duty arises from a relationship, such as that of fellow road users, a doctor-patient dynamic, and a landlord-tenant connection. If you and the plaintiff had no such relationship, you had no duty to exercise care to prevent their injury.

Show How the Plaintiff Contributed to Their Injuries

Nevada allows two defenses that can shift blame for injuries back to the plaintiff. Assumption of risk means the plaintiff voluntarily participated in an activity known to be dangerous. This defense often applies to recreational and sports activities.

Suppose that the plaintiff suffered an ankle injury at your trampoline park. Warning signs in the building, a liability waiver signed by the plaintiff, and common sense should inform the plaintiff of the risks involved in jumping on a trampoline. In this case, you might have an assumption of risk defense.

Comparative negligence is another potential way to defend against personal injury claims. It applies when the plaintiff’s actions partially contributed to the cause of their injuries. This defense is usually used when both parties bear a share of the fault.

If the plaintiff bears more fault than the defendant, they cannot recover injury compensation from them. Even if you can’t shift more than 50% of the fault to the plaintiff, giving them any amount of blame will reduce your liability. For example, if the plaintiff bears 35% of the blame, you’re only liable for 65% of their losses.

Shifting the blame doesn’t just reduce your liability; it can also make the plaintiff liable for your injuries. With each party owing compensation to the other, your lawyer can try to negotiate a personal injury settlement to resolve the case.

Seek Dismissal for a Missed Deadline

Nevada law sets a two-year statute of limitations. If the plaintiff cannot give an excuse recognized by Nevada law for a late filing, a judge must dismiss any case filed after that time.

Chances of Winning a Personal Injury Lawsuit

The chances of winning a personal injury lawsuit depend heavily on the facts of the case. The plaintiff bears the burden of proof, which means that they must have evidence of each element. If they cannot prove an element, the defendant will win.

The outcome also depends on the lawyer each party uses. A lawyer experienced in defending a personal injury claim knows the arguments that can persuade a judge or jury to side with the defendant at trial.

How Much Does a Personal Injury Defense Lawyer Cost?

The cost of a personal injury defense lawyer depends on many factors, including the lawyer’s skill and reputation. The best personal injury defense lawyer knows how to beat a personal injury lawsuit and will charge more. However, if you have liability insurance to cover the personal injury claim, the insurer may cover some or all of your legal fees under its duty to defend you.