What are the Best Defenses in a Personal Injury Suit in New York State to Avoid Summary Judgment?

Question from jimmyg620, What are the Best Defenses in a Personal Injury Suit in New York State to Avoid Summary Judgment?

Answer from AI:

In a personal injury lawsuit in New York State, there are several defenses that can be used to avoid summary judgment. Summary judgment is a legal term that refers to a decision made by the court without a full trial. It’s important to note that the following information is general in nature and may not apply to all situations. For personalized advice, it’s recommended to consult with a legal professional.

1. Contributory Negligence

In New York, the defense of contributory negligence can be used. This means that if the plaintiff contributed to their own injury, the amount of damages they can recover may be reduced. This is based on New York’s comparative negligence law, which allows a plaintiff to recover damages even if they were partially at fault, but reduces the amount they can recover based on their percentage of fault.

2. Assumption of Risk

Another defense is the assumption of risk. This applies when the plaintiff knowingly and voluntarily assumed the risk of the activity that led to their injury. For example, if a person gets injured while participating in a dangerous sport, they may not be able to recover damages because they assumed the risk of injury.

3. Statute of Limitations

The statute of limitations is also a common defense in personal injury cases. In New York, the statute of limitations for personal injury cases is generally three years from the date of the injury. If the lawsuit is not filed within this time frame, it may be dismissed.

4. Lack of Causation

The defense of lack of causation can be used if the defendant can prove that their actions did not cause the plaintiff’s injury. This can be a complex issue and often requires expert testimony.

5. Pre-existing Condition

If the plaintiff had a pre-existing condition that contributed to their injury, this can also be used as a defense. The defendant would need to prove that the plaintiff’s injury was not caused by their actions, but rather by the pre-existing condition.

To effectively use these defenses, it’s important to gather and present evidence that supports your position. This can include witness testimony, medical records, and expert opinions.

Remember, the specific facts of your case can greatly impact its outcome. Therefore, it’s crucial to consult with a legal professional who can provide personalized advice based on your situation.

For more information on New York’s personal injury laws, you can visit the New York Courts’ official website.