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Defenses That May Affect Your Personal Injury Claim

If you’ve been injured due to someone else’s negligence, it’s crucial to speak with a qualified attorney as soon as possible about filing a personal injury claim. Through a court judgment or settlement, you could receive compensation for your medical expenses, lost income, pain and suffering, and other damages resulting from the incident. However, it’s essential to recognize that the at-fault party or their insurance company may vigorously contest your claim and raise several defenses to avoid liability.

The following are defenses often raised in Massachusetts personal injury cases:

  • Comparative fault — It is common for defendants in auto accident claims and other personal injury matters to shift some or all of the blame to the victim. According to Massachusetts’ modified comparative negligence law, a plaintiff’s compensation is reduced by their percentage of fault in the accident. If the plaintiff is more than 50 percent responsible for their injury, they cannot recover any damages. For instance, a victim might incur $100,000 in damages but be found 30 percent at fault for the crash due to slight distraction. In this scenario, the award would be reduced to $70,000. However, if the plaintiff were 60 percent at fault, they would receive nothing.
  • Absence of causation — An injured plaintiff must prove that the defendant’s negligence or misconduct directly caused their injuries. Defendants or their insurers might claim that the injury resulted from another incident. Alternatively, they might assert that the plaintiff’s injuries are not as severe as claimed.
  • Pre-existing injury — In some cases, the defendant might argue that the plaintiff is seeking compensation for an earlier injury unrelated to the incident in question. However, the plaintiff can still validly claim that the incident worsened an earlier condition.
  • Statute of limitations — Defendants may assert that the injured person filed the lawsuit after the legal deadline for doing so has passed. In Massachusetts, the limitations period for personal injury claims generally three years from the date of the injury or from the date the victim discovered or reasonably should have discovered the injury.

No matter how strong your personal injury claim might seem, your legal team must be ready to counter any defense raised against you. This underscores the importance of retaining an experienced Boston personal injury attorney who can assess your case, inform you of potential challenges, and develop a robust legal strategy to maximize your chances of a favorable outcome.

Feinberg & Alban PC aggressively pursues personal injury claims for clients throughout the Greater Boston area. We have an office at Two Center Plaza in Boston and one in Brookline. Please call 617-232-5950 or contact us online to discuss your legal options in a free consultation.

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

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