1. Claiming the Victim Caused the Accident

One of the most common defenses in personal injury cases—whether it’s a car accident, slip and fall, or another incident—is for the defendant to argue that you, the victim, were at least partially responsible for the accident. This defense is often used to reduce or eliminate their liability by shifting the blame onto you.

This defense is particularly effective in Connecticut because the state follows a “modified comparative negligence” rule. Under this rule, if you are found to be more than 50% at fault for the accident, you cannot recover any damages. However, if you are 50% or less at fault, your compensation will be reduced by the percentage of fault attributed to you.

For example, if you are awarded $20,000 in damages but are found to be 20% at fault, your recovery will be reduced to $16,000. This highlights the importance of having an experienced personal injury attorney like Bert McDowell on your side to minimize any claims of shared fault.

2. Claiming the Victim Failed to Mitigate the Damages

Even as the victim, you have a legal obligation to take reasonable steps to reduce the severity of your damages following an accident. Failure to do so allows the defendant to argue that you contributed to the extent of your losses.

Examples of failing to mitigate damages include:

• Not seeking prompt medical attention, allowing your injuries to worsen
• Turning down reasonable job opportunities while claiming lost wages
• Failing to take necessary actions to prevent further property damage

While this defense may reduce the amount you can recover, it does not absolve the defendant of all liability. Our legal team at Bert McDowell Injury Law can help demonstrate that you acted reasonably and took appropriate steps to mitigate your damages.

3. Failure to State a Claim

This defense challenges the legal basis of your personal injury claim. In Connecticut, to successfully bring a personal injury lawsuit, you must prove the following elements:

1. The defendant owed you a duty of care
2. The defendant breached that duty
3. The breach caused your injuries
4. You suffered damages as a result

If the defendant can show that you failed to meet any of these criteria, your case may be dismissed. For example, they might argue that your injury was caused by an unrelated event or that their actions were not negligent. Our attorneys are skilled at building strong cases that address each of these elements comprehensively.

4. Affirmative Defense

In an affirmative defense, the defendant acknowledges that they caused your injury but argues that they are not legally required to compensate you due to technical reasons. Common affirmative defenses include:

• The statute of limitations has expired
• The plaintiff assumed the risk of injury
• The plaintiff signed a waiver or release of liability

While these defenses can be powerful, they are often based on technicalities. With the help of an experienced lawyer, you can counter these defenses and ensure that your case moves forward.

How to Overcome These Defenses

Unlike criminal cases, personal injury claims require you to prove your case by a “preponderance of the evidence.” This means you must demonstrate that it is more likely than not that the defendant’s negligence caused your injury.

The best way to overcome any defense is to work with a knowledgeable attorney who can gather evidence, craft a compelling argument, and advocate for your rights in court. At Bert McDowell Injury Law, we specialize in helping Connecticut residents navigate personal injury claims and recover the compensation they deserve.

Remember, time is of the essence. Connecticut’s statute of limitations for personal injury cases is generally two years from the date of the accident. Don’t wait to seek the legal help you need.