Defenses to Negligence Claims

If you choose to file a personal injury claim against a negligent party, you can expect to be in for a legal fight. Whether your claim is against a business or an individual person, no one wants to admit fault or take responsibility for another person’s medical bills and financial losses. There are many different tactics the defendant may try to deflect responsibility.

Overcoming these tactics and winning the compensation you deserve requires the kind of experience and knowledge that a qualified Des Moines personal injury lawyer can provide. To learn more about Iowa civil law and your grounds for legal action, call LaMarca Law Group, P.C. at (515) 705-0233.

Common Defense Tactics

Some strategies commonly used by defendants in Des Moines personal injury claims include:

  • Comparative fault: There is often more than one party involved in an accident; sometimes the plaintiff him or herself contributed to the injuries in question. The defendant in your claim may try to shift at least part of the blame onto you or other parties. This will reduce the damages that the judge awards you.
  • Consent: When you knowingly take on certain risks, you may be relieving the other parties involved of liability for your injuries. If the defendant can show that you chose to engage in dangerous behavior, he or she may not be found responsible for your injuries.
  • Denial of your injuries: One of the things you must demonstrate as a plaintiff is that your injuries merit compensation. In return, the defendant may try to show that your injuries are minimal or even nonexistent. If they are successful, your claim could be dismissed.

Overcoming legal challenges like these may seem daunting, but with the help of a Des Moines personal injury lawyer with extensive experience in Iowa law, you can be victorious.

Contact Us

The LaMarca Law Group, P.C. law firm only hires fully qualified and dedicated Des Moines personal injury attorneys. To begin developing your legal claim today, contact us at (515) 705-0233.

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