What Is Personal Injury Defense?

In a personal injury claim, plaintiffs hire lawyers because they have to prove harm by the other party. On the other side, defendants also use lawyers to highlight areas of doubt in the plaintiff’s argument.

If you face a personal injury lawsuit, the stakes can be high. A plaintiff who wins a case for a serious injury may get a court order to recover a large sum of money. Insurance companies generally have ample resources to pay these claims, but an individual might not.

That’s why it’s a good idea to speak with a personal injury defense lawyer as soon as you think someone might sue you. Even if you believe their case has no merit, legal counsel can clarify your options.

What To Know About Personal Injury Cases

Most people know about personal injury law from the plaintiff’s side. This area of law addresses unintentional or intentional acts that were not meant to cause serious harm.

Acts that harm someone without meaning to are torts. Plaintiffs in personal injury cases want to be restored to where they were before their injuries. A tort claim can’t reverse the damage of a physical injury, but it can recover the financial losses related to it. Most personal injury cases are insurance claims. Many cases end during settlement negotiations before any trial occurs.

For instance, a truck accident can cause severe injuries or wrongful death. The driver in the other vehicle might want payment for medical treatment, lost wages, and maybe some compensation for pain and suffering. The trucking insurance company may fight the claim to lower the payment amount or avoid liability for paying altogether.

Personal Injury Defense

Most personal injury attorneys are plaintiff’s attorneys. They represent victims of auto accidents, slip and fall injuries, and intentional torts.

However, insurance companies also hire lawyers. These attorneys are there to evaluate the plaintiff’s claim. They review the plaintiff’s medical bills, police reports, and witnesses to determine whether the company should settle or go to trial.

Personal injury defense attorneys may also defend individuals in lawsuits. For example, your automobile or homeowners insurance may provide you with legal representation. Depending on state laws, they may need to hire an outside attorney to avoid a conflict of interest.

Making a Personal Injury Defense

If you need to defend yourself in a personal injury lawsuit, your attorney should have extensive experience defending tort actions. The plaintiff is the one who has to prove causation, so the defense focuses on limiting the defendant’s liability.

Common defenses to a personal injury claim include:

• Contributory Negligence: States have differing laws on the nature and amount of contributory negligence. Generally, it is a theory that reduces the defendant’s liability by claiming the plaintiff was partially responsible for contributing to their own harm.
• Statute of Limitations: All states limit the time a plaintiff has to file a personal injury claim. Defendants will challenge that date if possible.
• Causation: In many types of cases, such as product liability claims, proving a defective item or drug caused the injury requires expert witnesses. A good defense attorney will have their own witnesses to counter this testimony.
• Assumption of Risk: Some types of claims involve injuries resulting from high-risk activities or situations. A defense attorney will ask if the plaintiff signed a liability waiver or if a disclaimer was posted at the location, relieving the company of responsibility.

Legal professionals can handle these arguments.

Do I Need a Lawyer for Personal Injury Defense?

Unless you’re a medical professional or property owner, you’ll unlikely need your own personal injury defense lawyer. If you are such a person, you can consult a personal injury law firm and ask for referrals to defense firms. Most firms are plaintiff firms, but some medical malpractice or premises liability lawyers can handle personal injury defense.

Your insurance company may provide an attorney if you’re in a car accident or similar situation. The lawyer also represents the insurance company, and they may not have your best interests foremost. A settlement may be best for everyone, but you should be sure.

Finding a Personal Injury Lawyer for Defense

Check your insurance policy and see if you have a right to private legal counsel. If not, and you need legal advice, contact a personal injury defense law office in your area.