Personal injury cases and trials require thorough preparation on both the part of the plaintiff and the defendant. Although your case may have merit based on the facts and evidence presented, you still need to be adequately prepared for trial to avoid defeat. How should one get ready? There is no single best way to handle this situation; nevertheless, one way that is likely to result in a positive outcome is to retain the services of an experienced vehicle accident attorney in Bakersfield. Click here!
Defenses to Automobile Accident Claims
The burden of proof rests squarely on the shoulders of the party accused of wrongdoing, making liability determinations a pivotal factor in the trial’s outcome. Establishing responsibility is a key component to any successful claim; however, numerous other variables can play a role, including statutes of limitation, carelessness, the duty of care, causation, and many more. Common defenses in auto accident cases can be broken down into legal and factual categories.
Statutes of limitations and an inadequate statement of the claim are two examples of legal defenses.
Time limits, or statutes of limitation
The legislation creates a level playing field by guaranteeing both the accused and the plaintiff the right to a fair trial and monetary compensation if their cases are valid.
Despite being a valid defense in auto accident lawsuits, statutes of limitation can be extended in some situations. There are times when:
- Assuming the plaintiff’s disability
- For situations where the accused person is currently located abroad
- To the extent that the complainant is a minor
- Inconsistencies in the Plaintiff’s Complaint
Even if a plaintiff or their legal agent can establish carelessness, causation, and damages, it may not be enough to win a case. When someone sues someone else in court, the complaint must detail the plaintiff’s claim and give the defendant enough information to understand why he or she is being sued. In a lawsuit, the plaintiffs will file a document called a “plaintiff’s complaint,” which will detail the events leading up to their filing the lawsuit and the basis for their claim (usually negligence).
Comparative fault issues between the plaintiff and defendant are fundamental to factual defenses. Of the many possible defenses, the plaintiff’s negligence in not taking reasonable care of himself or herself after the accident or failing to seek medical attention for his or her injuries is common.