{"id":358042,"date":"2016-04-04T10:46:22","date_gmt":"2016-04-04T15:46:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/personal-injury-defense.html"},"modified":"2026-01-26T15:30:20","modified_gmt":"2026-01-26T20:30:20","slug":"personal-injury-defense","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/personal-injury-defense.html","title":{"rendered":"What Is Personal Injury Defense?"},"content":{"rendered":"\n
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What Is Personal Injury Defense?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Personal injury defense<\/span> is legal representation<\/span> against a claim that you are responsible for an injury. In every personal injury claim<\/span>, there are two opposing sides. The party who claims they were injured is the plaintiff. The person (or entity) accused of being legally responsible for the injury is the defendant. As a defendant, you may have a few possible defense arguments available.<\/p>\n\n <\/div>\n\n\n\n

In a personal injury claim<\/span>, 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\u2019s argument.<\/p>\n

If you face a personal injury lawsuit<\/span>, 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<\/span> generally have ample resources to pay these claims, but an individual might not.<\/p>\n

That\u2019s why it\u2019s a good idea to speak with a personal injury defense<\/span> lawyer<\/span><\/a> as soon as you think someone might sue you. Even if you believe their case has no merit, legal counsel can clarify your options.<\/p>\n

What To Know About Personal Injury Cases<\/span><\/h2>\n

Most people know about personal injury law<\/span> from the plaintiff\u2019s side. This area of law<\/span> addresses\u00a0unintentional<\/u><\/a>\u00a0or intentional acts that were not meant to cause serious harm.<\/p>\n

Acts that harm someone without meaning to are\u00a0torts<\/span><\/u><\/a>. Plaintiffs in personal injury cases<\/span> want to be restored to where they were before their injuries. A tort<\/span> claim can\u2019t reverse the damage of a physical injury, but it can recover the financial losses related to it. Most personal injury cases<\/span> are insurance claims. Many cases end during settlement negotiations<\/span><\/a> before any trial occurs.<\/p>\n

For instance, a truck accident<\/span><\/a> can cause severe injuries or wrongful death<\/span><\/a>. 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<\/span> may fight the claim to lower the payment amount or avoid liability for paying altogether.<\/p>\n

Personal Injury Defense<\/h2>\n

Most personal injury attorneys are plaintiff’s attorneys. They represent victims of auto accidents, slip and fall injuries, and intentional torts.<\/p>\n

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.<\/p>\n

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

Making a Personal Injury Defense<\/h3>\n

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<\/a>.<\/p>\n

Common defenses to a personal injury claim include:<\/p>\n