Common Defenses to Birmingham Personal Injury Claims

Defense attorneys in Birmingham personal injury cases present a variety of different defenses in order to reduce or avoid their clients’ liability. The experienced Birmingham personal injury attorneys at The Walker Law Firm will thoroughly investigate the accident in order to prove that the defendants were responsible for causing the accident, and are therefore liable for your injuries. It is important in personal injury cases that you not discuss fault with anyone except your attorney, or you could unwittingly provide the other side with a built-in defense in the case.

There are defenses to Birmingham personal injury claims which may limit or even deny your recovery of damages. The first is the statute of limitations, which bars recovery to plaintiffs who do not file suit within the time limit set by law. Other common defenses include lack of causation and contributory negligence. These and other defenses are briefly discussed below.

• Lack of Causation:  In order to prove causation in personal injury cases, you must demonstrate that the defendant’s conduct was the cause of your injuries. To satisfy this requirement, you do not have to show that the defendant was the only responsible party, but only that there is a connection between the defendant’s conduct and the injury such that the injury would not have occurred without the defendant’s actions. The continuous causal connection between the fault and the injury is the most important element necessary to prove causation in a personal injury suit. This means that if it were not for the defendant’s act, the injuries would not have occurred. If there is no causal connection, the defendant will not be held responsible for your injuries.

• Contributory Negligence:  In some instances, you may be contributorily negligent in causing your own injuries. In Alabama, if you were in any way at fault for causing your own injuries, then you are not able to recover any damages. Contact the experienced Birmingham personal injury attorneys at The Walker Law Firm to discuss whether contributory negligence bars your personal injury claim.

• Assumption of Risk:  If you engage in inherently risky or dangerous activities and suffer injury as a result, you may be deemed to have “assumed the risk” of injury associated with that activity. For legal purposes, assumption of risk may be either express – per written or oral agreement – or implied. For example, a skier may have realized that skiing is an inherently hazardous activity, fully understanding and assuming the risk of the many dangers involved with the sport. However, the skier would not have anticipated that a ski-lift cable would break and fall in his path, causing him to fall and sustain injury. An assumption-of-risk defense would not prevail in the latter situation.

• Open and Obvious Danger:  Another defense that is similar to assumption of risk arises when you engage in an activity that poses an open and obvious danger. Whereas assumption of risk focuses on an array of dangers that are inherently possible, open and obvious conditions deal with one’s knowledge of a specific known threat. For example, suppose you enter your neighbor’s yard, knowing that it contains an angry pit bull, and despite the posted warning, “Danger: Attack dog. Do not enter.” Your neighbor could use the open-and-obvious-danger-defense to argue that you clearly understood the risk of being attacked by the dog but nonetheless decided to enter the property anyway, thus ignoring an open and obvious danger.

An experienced Birmingham injury lawyer can evaluate your case and anticipate all possible defenses that may be raised by the other side's attorney. Call 1-877-925-5373 today for a free initial consultation.

In all matters involving Birmingham personal injury, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you have suffered a personal injury, call the Birmingham injury lawyers at The Walker Law Firm now at (877) 925-5373 or SUBMIT A FREE CASE EVALUATION. The initial consultation is free of charge, and if our Birmingham personal injury attorneys agree to accept your case, we will work on a contingent fee basis, which means our Birmingham injury attorneys get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.