Defenses Most Commonly Used in New Jersey Personal Injury Cases

When you’ve been hurt due to someone else's negligence in New Jersey, you should promptly speak with a qualified attorney about pursuing a personal injury claim. Through a court judgment or settlement, you can obtain compensation for your medical bills, lost wages, pain and suffering and other damages stemming from the incident. However, it's important to understand that the at-fault party or their insurance company might fight back hard and could raise one or more defenses in order to evade liability.

The following defenses are frequently asserted in New Jersey personal injury cases:

• Comparative fault — Blaming the victim is common in auto accident claims and other personal injury matters. Under New Jersey’s modified comparative negligence law, a plaintiff’s award is reduced by their own percentage of fault in the accident. If the plaintiff bears more than 50 percent of the responsibility for their injury, they cannot collect anything at all. For example, a victim might incur $100,000 in damages but be assigned 30 percent fault for the crash because they were slightly distracted. The award would be reduced to $70,000. However, if the plaintiff were 60 percent liable, they would collect nothing at all. 

• Assumption of risk — Some activities carry an inherent danger of injury even when no one is negligent. When injuries occur during moderately risky pursuits, such as skiing or ice skating, defendants often argue that the victims freely accepted the natural hazards associated with the activity. 

• Absence of causation — An injured plaintiff must demonstrate that the defendant’s negligence or willful misconduct was the proximate cause of their injuries. There are a couple of different ways that a defendant or their insurer might assert that this legal element has not been satisfied. In some cases, the defendant claims that the victim is actually seeking compensation for a medical condition that already existed at the time of the incident at issue. There are also cases where the defendant alleges that the plaintiff is not as injured as they claim to be. 

No matter how persuasive your personal injury claim might seem, your legal team must be prepared to counter any defense that is raised against you. That’s why it is vital to retain an experienced New Jersey personal injury attorney who can assess your case, advise you of the challenges you might face and develop a strong legal strategy to maximize your chances of a successful outcome.

At Seigel Law in Ridgewood, we have achieved exceptional results for New Jersey personal injury plaintiffs since 1976. To schedule a free consultation regarding your case, please call {PHONE) or contact us online.