Common Tort Defenses

A tort is an action that violates civil laws by needlessly putting people or their property at risk. If a person or organization is found guilty of committing a tort, they can be found liable (legally responsible) for any harm suffered by victims. However, there are many tactics that the defendant in a personal injury claim can use to avoid being found responsible for the plaintiff’s injuries.

If you are considering a personal injury claim, you need realistic expectations concerning your chances of success and legal tactics that the defense may try. The New Jersey personal injury lawyers of Levinson Axelrod, P.A. can provide the straightforward information and guidance you need to make sound legal decisions. Call us at 800-346-5529.

Defense Strategies

There are certain tactics that an accused tortfeasor (a party who commits a tort) can use to avoid taking legal responsibility for others’ injuries. Examples of these tactics include:

• The plaintiff’s consent – If you choose to engage in an inherently dangerous activity, you may be consenting to the risk of certain injuries. For example, if you fall and sustain injuries while rock-climbing, the person or company that organized your trip may not be liable. However, if the defendant failed to warn you about certain risks, or failed to perform certain duties, you could still have grounds for legal action.
• Causation – The defendant may question whether his or her actions directly caused the injuries you suffered. If another party, or external circumstances such as bad weather, were actually the primary cause of your injuries, the defendant may be absolved of responsibility.
• Minimizing injuries – In order to win compensation, you will generally need evidence that your injuries are significant enough to deserve compensation. The defendant in your claim may simply downplay or deny the losses you have suffered. For this reason, it is important to carefully document any medical treatment, missed days of work, or other losses caused by the accident you suffered.

A qualified New Jersey personal injury attorney will be familiar with legal arguments such as these, and will be able to prepare for their use.

Contact Us

The New Jersey personal injury attorneys of Levinson Axelrod, P.A. work diligently on every legal case we handle. To discuss how we can help you, contact our offices today at 800-346-5529.