Defenses Available To Defendant’s Legal Team

The victim of a personal injury, following an accident, finds it easy to point an accusing finger at one or more of the other persons at the scene. Yet a charge of alleged negligence does not always hold up during negotiations or in a courtroom. The accuser’s lawyer should be able to conceive of some possible defenses, which might be made to the accusing client’s argument.

Was the client partly to blame for what happened?

If an attorney has agreed to represent someone injured during a slip and fall incident, that same attorney should find out what type of footwear were being worn on the day of that particular incident. A lawyer’s questions would be different, if a client’s personal injury charge was based on an injury sustained during a car accident.

In that case, the Personal Injury Lawyer in Barrie might want to make sure that the victim/client had been wearing a seat belt. In addition, that same victim/client could be partly to blame if he or she had violated any traffic regulation. For instance, did that client/victim get hurt while making a left-hand turn, even though another car was approaching the intersection?

Had the client’s actions indicated the acceptance of a known risk?

The question might be asked if the person that was hurt had chosen to engage in some type of sports activity. There is a measured risk associated with participation in almost any sporting activity. For that reason, the person that sustains an injury while taking part in a sporting event can be saddled with at least part of the blame.

Were the client’s expected actions delayed?

Someone that has been injured as the result of an accident is expected to see a doctor as soon as possible. That action helps to mitigate the chances for a worsening of any acquired injury. For that reason, the act of delaying for more than 24 hours a visit with a doctor can be pointed to as evidence that the victim was partly to blame for the severity of the injury.

Did the lawyer’s client file the personal injury lawsuit after the deadline given in the statute of limitations?

The legal system refuses to recognize the legitimacy of a case that has been filed after the deadline given in the statute of limitations. In other words, a victim finds it impossible to win any form of compensation, if a charge was not filed on time.

Those are the defenses that get used most frequently. For any given case, there might be special circumstances that could provide a defendant’s legal team with an additional defense. Those special circumstances might make a defendant’s seemingly unreasonable actions seem much more reasonable, perhaps even necessary.