Text Us Now at 917.496.8342 for an Immediate Response from our Office Legal Team (24 hours a day/7 Days a Week)
Motor Vehicle Accident Lawyer
Attorney Advertisement: Prior results do not guarantee similar outcomes.
FREE CASE EVALUATION
Call Us Today (917) 300-0797, 212-235-1447, 800-659-9318 & (718) 619-4525
Fatos Dervishi, Esq Google+ IconDervishi Law Group, P.C. Facebook Icon Dervishi Law Group Twitter IconFatos Dervishi, Esq Linkedin IconThe Dervishi Law Group Rss IconFatos Dervishi, Esq You Tube Icon Fatos Dervishi, Esq Thumbler Icon Fatos Dervishi, Esq Pinterest Icon Fatos Dervishi, Esq Flickr Icon

What are the common defenses in a spinal cord injury case?

The common defenses in a spinal cord injury case are contributory and comparative negligence and assumption of the risk.

Contributory and comparative negligence: It is common for a defendant to argue that the injured person’s own carelessness contributed to the accident. This is based on a legal theories known as “contributory negligence” and “comparative negligence.”

Contributory negligence implies that the victim’s carelessness contributed to the injury.

In a comparative negligence defense, the victim and the defendant’s carelessness are evaluated.

Assumption of the risk: If the injury occurred as a result of being involved in a dangerous activity, the defendant will raise the “assumption of the risk” defense. In an “assumption of the risk” defense, the defendant argues that the victim chose to take part in an activity that was likely to cause injuries, so he or she should not be entitled to compensation.