Common Defenses to Torts and Personal Injury Case

Legal Adviser August 11, 2015
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courtPersonal injury cases may originate from various disputes. A criminal case, or even a simple administrative case, may be the reason for a personal injury claim. With very little evidence required to prove a claim, and with the General Assembly recently passing bills that increase payments for tort claims, it becomes extremely difficult for unseasoned lawyers to cope.

This is why it’s essential that you hire the services of seasoned Maryland personal injury lawyers to defend your case. What are the possible defenses available for you? Learn the basic concepts to understand the case you’re currently facing.

Tort, as defined under the law

Lawyers of the Law Offices of G. Randolph Rice, Jr., LLC mention accidents may arise from a contract, from a law, an act of omission due to negligence, or an act under an informal contract. From the definition itself, it can arise from just about anything. A tort case may arise independently of, or in consequence of, a criminal or administrative case.

What’s different with a tort case is that it will not easily be dismissed even in the dismissal of the main case. It can proceed even with the stark lack of evidence.

Due care, due diligence, unforeseeable accident or incident

The common defenses for tort cases are due care, due diligence, the unforeseeable nature of the incident, and the fact that the alleged perpetrator did everything to prevent the incident from happening. Torts and personal injury presuppose the lack of caution and diligence which resulted in the injury of another. In the absence of these factors, no tort can be attributable to the actor.

Personal injuries and tort claims can be a burden. A complainant can produce evidence their lawyer can use against you. Be prepared with your lawyer to prove that the claims are untrue.

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