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Defenses the Liable Party Could Use in Your Personal Injury Claim


When you’ve made the decision to take action against the party liable for your personal injury, a good offense can prepare you for a solid defense. Read on to learn about some of the defenses the liable party could use in your personal injury claim. 

Some Defenses the Liable Party Could Use

Although a personal injury lawsuit can help you and your loved ones recover damages for your injuries, the outcome of any given case is never a guarantee. As plaintiff, your aim should be to find as much evidence as possible in your favor and use it to your advantage. And even though the facts of your case are unique, the defendant will likely draw from a few common defenses that many often defer to. 

A list of some of the common defenses in civil cases could include: 

  • Comparative Fault – Given that the state of Louisiana observes comparative fault, this means that the value of your settlement or judgement can be reduced by the percentage of the accident for which you are found responsible. A defendant can use the facts of the case to prove that you were partially responsible, lowering the damages owed. 
  • Act of God – When an event happens that was beyond the control of anyone, these are referred to as an “act of God”—and they can often act as limitations on liability in a civil action. 
  • Superseding Causes – This defense basically argues that the defendant is not responsible for the plaintiff’s injuries; something or someone else, in fact, is the real culprit, they’ll claim. 
  • The Harm of the Plaintiff Is Limited – Although the previous defenses are considered to be negative defenses, arguing that the plaintiff’s harm was limited is an example of what’s considered to be a positive defense. In essence, this defense claims that the plaintiff cannot prove their harm in court, so the defendant is not guilty of having caused the damages. 

Accepting a Settlement or Taking Your Personal Injury Claim to Court

When it comes to earning a maximum settlement for your injuries, an experienced lawyer will do all they can to save you the headache and wait time associated with a lengthy court battle by seeking to settle your claim out of court. Most of the time, this route can be favorable for both parties. 

This outcome, however, largely depends on the willingness of the at-fault party to cooperate. Sometimes, when dealing with an insurance company, you’ll find that negotiation only gets you so far. Teaming up with an experienced personal injury lawyer can increase your chances of getting the settlement—or judgement—you deserve, regardless of venue. 

Contact a Personal Injury Lawyer in Baton Rouge

When you’ve only got one chance to recover the damages you deserve, don’t get outgunned by the defense. The team at Spencer Calahan Injury Lawyers has the experience you need to argue your claim, and we can help you go after a maximum settlement for your injuries. 

We do free consultations. Call 225-387-2323 or fill out the form below to speak to a personal injury lawyer from our firm.