When one begins talking about legal defenses, it is common to assume that a criminal case is being discussed. However, defenses are relevant in both criminal and civil cases alike, in defending against criminal charges and allegations of civil wrongs. Some of the defenses a defendant in a civil case might raise are merely designed to challenge the sufficiency of the plaintiff’s evidence of liability against him or her; other defenses are such that the defendant admits that he or she engaged in wrongful conduct but that this was somehow excusable under the facts and circumstances of the situation.

Why Plaintiffs Should be Aware of Potential Defenses

Crafting a winning strategy with your personal injury attorney requires considering potential defenses that the defendant might raise. Doing so helps ensure that you locate the appropriate witnesses and/or evidence to prove your case.

In any California personal injury case, defenses that might be raised include:

  • Did not engage in careless behavior: One of the most basic defenses to civil liability involves the defendant claiming that his or her actions or behaviors were not “careless” or “negligent” in that a reasonable person might have engaged in the same actions or behaviors that he or she did. This can be raised by argument and/or through challenging the conclusions of the plaintiff’s witnesses.
  • Plaintiff’s own carelessness: This defense strategy does not seek to absolve the defendant of all responsibility for his or her actions, but instead seeks to assert that the primary or predominant cause of your injuries was your own carelessness. A successful defense of this sort lessens the defendant’s civil liability. Just as you (the plaintiff) must come forward with evidence of the defendant’s carelessness, so too the defendant must prove your carelessness with evidence and/or testimony of witnesses of his or her own.
  • Necessity: One is legally permitted to otherwise enter another person’s land if it reasonably appears to the person that trespassing on the other person’s land is necessary to prevent someone from suffering serious harm or death. This is another affirmative defense which requires the defendant to bring forth witnesses and/or evidence to establish that such a necessity existed by a preponderance of the evidence.

Work with an Experienced Orange County Personal Injury Attorney

At Case Barnett Law, we understand that when you file a personal injury lawsuit, you have one chance of success. That is why we invest the time and resources in locating evidence that will help prove your case and defeat any potential defenses the defendant. This helps you have the best possible opportunity for recovering full and fair compensation following a car wreck, slip and fall, or other California personal injury accident. By contacting Case Barnett Law early, we can better utilize our resources and skill to strengthen your case. Call us to discuss your personal injury case with us today: call (949) 861-2990, or reach out to us online.

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