3 Most Common Defense Strategies Used in Houston Personal Injury Cases


It is tiring and more challenging to fight defense against a personal injury claim. This is especially true when you decide to do it yourself. Many individuals suffering from personal injuries do not know what their defendants will use against them.

Chances are that your case can be easily thrown away. The main reason is that you don’t know how to fight a personal injury claim. That means you’ll not receive the much-needed compensation.

You need to look for a knowledgeable personal injury lawyer to receive reasonable compensation. The defendant side’s attorneys would take advantage of anything you do or speak against you. An experienced personal injury lawyer in Houston will guide you professionally to ensure you’re on the right track.

Let’s discover the three most common defense strategies used in a personal injury lawsuit in Houston.

Pre-Existing Injuries

Pre-existing injuries are also a common tactic used in Houston personal injury claims. The respondent isn’t arguing that the plaintiff is liable. Instead, they argue that the conduct of the defendant may’ve been careless but didn’t cause the injuries the claimant is claiming.

Also, this is known as causation. This means that the negligence being complained of really led to the claimant’s alleged injuries. The defendant is likely to thoroughly comb through your previous medical records before the incident, looking for any health condition that it can point to as a strong argument that your current personal injuries had been part of your medical journey all along.

Contributory Negligence

The defendant will do everything to put part of the blame on the claimant. The claimant is being blamed for most or all personal injuries. For instance, a plaintiff is involved in a car wreck and sustains injuries.

The defendant rear-ended the car. But the plaintiff didn’t wear a seatbelt. Based on this, the defence will contend against the injuries. They’ll claim that the plaintiff didn’t do everything required to stop injuries.

With the right personal injury lawyer in Houston, you will find a perfect way around this claim. And that means you’ll increase your chances of receiving the compensation you rightfully need.

The Risk Assumption

Another defense tactic to try and prevent any recovery for the claimant is to claim that the plaintiff was aware of all the risks of injury involved in the occurrence, leading to personal injuries and property damages.

This is usually raised when the claimant’s actions were such that it would have been clearer to the claimant that injuries would take place if the plaintiff proceeded as planned.

If the plaintiff was warned of the danger and went on to do the activity, and sustained injuries, the risk assumption will bar the claim of the plaintiff. This defense strategy is more common in an industrial accident and product liability lawsuits.

How Can an Experienced Personal Injury Lawyer Houston Help?

These most common defense strategies can be challenging, especially when the defence seems to have a strong lawsuit against you.

However, with the right personal injury lawyer in Houston, you have professional representation, meaning increased chances of overcoming these hurdles.

Experienced personal injury attorneys deeply understand all the defense strategies available. They’ll help you counteract any of them effectively and enjoy the benefits you rightfully deserve.

Click here to subscribe to our print edition!

There are no comments

Add yours