Common Defenses Used in Personal Injury Cases

Do you have a case that is on the list of the most common personal injury cases? If so, you must know that winning or losing your case will depend not only on the lawyer that you hire but will also depend on the defense method he uses to proceed with the matter. So, you must hire a skilled lawyer who knows how to work his way around the commonly used strategies used by the defendant.

5 Common Strategy Defenses Used in Personal Injury Cases

Here are the five common defenses that lawyers use in justifying personal injury cases.

  • Contributory Negligence

This defense is the most common strategy used for retaliation in the book. This tactic’s goal is to counter the story and leave the blame on the plaintiff for their role in sustaining the defendant’s injuries. The defendant will continue to accuse and prove that the plaintiff’s negligence or ignorance caused the harm or was the reason the injury’s severity escalated.

  • Inadequate Notice

Another strategy is for the defendant to claim that he obtained his injury due to a lack of notice. Business owners should be aware that aside from giving the best services to their customers, they should also give importance to the client’s safety inside their establishments. Business owners should always give sufficient notice when there are parts of their establishments that can be dangerous to their customers.

When the defendant claims that he got hurt due to insufficient notice from the establishment, then there is a huge possibility that the defendant can win the case.

  • Comparative Negligence

Meanwhile, in this kind of strategy, the personal injury case should undergo an in-depth investigation and be calculated to determine who has a  greater percentage of fault in the incident and therefore should be held responsible for the accident.

For example, if you were involved in a minor accident, hit your head, and got a fracture on one foot and an arm, then the investigation results claimed that the accident was 80% the fault of the other car. The driver of the other vehicle, who was 80% at fault, will be held responsible for the accident.

  • Assumption of Risk

This strategy is often used in industrial and manufacturing accidents. In this tactic, the defendant claims that the plaintiff is to blame and is responsible for the incident because, despite their warnings not to proceed with the activity because there can be a significant risk of suffering personal injuries, the plaintiff still ordered the movement to proceed.

Make sure to hire an experienced and skilled medical malpractice and personal injury attorney in Baltimore if you’re ever faced with this situation.

  • The Limitations Act

Upon obtaining a personal injury from an incident, you are aware that someone is involved with what happened to you. If it was not just an accident, please make sure that you immediately file a case against that person, because if you file a claim after the period stated in the Limitations Act has passed, the person responsible for your injuries will no longer be liable to pay for damages.


Knowing these kinds of things is essential, so you can be ready in case something like this happens to you. You will see what you should do rather than standing there clueless. And in situations like this, make sure to hire the best medical malpractice and personal injury attorney in Baltimore like Richard Hackerman, who is ready to be your partner and defendant and will be with you through the whole process and the wrapping up of the case.

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