If you’ve been injured due to someone else’s actions, filing a personal injury claim is a way to seek compensation for what you’ve lost. But even if the facts seem clear, you can expect the other side to push back. Defendants and their insurance companies often raise legal defenses to limit or avoid financial responsibility. Understanding the strategies they might use can help you prepare for what lies ahead.
In California, several common defenses show up across many types of injury cases, from car accidents and slip-and-fall claims to product liability and workplace injuries. Some arguments may be valid, while others are used to delay proceedings or reduce the final payout. Knowing what to expect can make a big difference in how you and your attorney build your case.
Claiming the Plaintiff Was Partly at Fault
One of the most frequently used defenses is to argue that the injured person shares some of the blame. California follows a pure comparative negligence rule. This means you can still recover compensation even if you were partly responsible for the accident, but your award will be reduced based on your percentage of fault.
For example, if you were 25 percent at fault for a car crash and your damages total $100,000, you would only receive $75,000. Defendants often try to shift as much blame as possible to reduce what they owe. That’s why it’s important to present clear evidence showing the other party’s responsibility.
Disputing the Extent of the Injury
Even if the defendant admits they were at fault, they may argue that your injuries are not as serious as you claim. They might say that your condition existed before the incident, or that you’ve exaggerated your symptoms.
In these cases, the defense may request access to your medical history or bring in their own medical expert to challenge your diagnosis. Strong medical documentation, including timely treatment and detailed records, is one of the best ways to counter this tactic.
Asserting the Accident Was Unavoidable
Another strategy is to argue that the incident could not have been prevented, even with reasonable care. This defense is sometimes called an “Act of God” defense. For example, if a driver claims they swerved and hit your vehicle due to an unexpected medical emergency, they may try to show that no amount of caution could have stopped the crash.
Courts don’t always accept this kind of explanation, especially without solid evidence. But it can slow the process and shift attention away from the defendant’s behavior.
Challenging the Causal Link
It’s not enough to show that someone acted carelessly and that you were hurt. You also need to prove that their actions directly caused your injury. Defendants may claim that something else led to your condition, such as a prior injury, a different event, or a natural illness.
This defense is common in complex cases like product liability or medical malpractice, where it’s not always easy to connect the harm directly to the defendant’s conduct. Expert testimony is often used to establish this link.
Arguing the Plaintiff Assumed the Risk
In some situations, the defense may argue that you knowingly accepted the risks that led to your injury. This is called the assumption of risk defense. It often comes up in recreational activities like skiing, rock climbing, or attending sporting events.
If you were injured doing something that is inherently dangerous, and you voluntarily participated despite the risks, the defendant may claim they are not responsible. However, this defense doesn’t apply if the injury was caused by reckless or intentional behavior, or if safety rules were ignored.
Using Waivers or Release Forms
You may have signed a liability waiver before participating in an event, joining a gym, or receiving services. If you’re later injured, the defense might try to use that document as a shield from liability.
In California, not all waivers are enforceable. Courts will look at the wording, how it was presented, and whether it covers the type of harm that occurred. If a business acted with gross negligence or failed to provide a basic duty of care, a waiver may not protect them from legal responsibility.
Claiming the Statute of Limitations Has Passed
California sets time limits for filing personal injury lawsuits. In most cases, you have two years from the date of the injury to file a claim. If you wait too long, the defense can ask the court to dismiss the case.
There are exceptions to the rule—such as when injuries are discovered later or when the injured person is a minor—but the deadline is firm in most situations. Defendants may raise this defense even if you’re only a few days late, which is why acting quickly matters.
Saying the Defendant Owed No Duty
For a personal injury case to succeed, the defendant must have had a legal duty to act a certain way. If they didn’t owe that duty, they may not be held liable. This defense shows up in premises liability cases, where property owners claim the injured person was trespassing, or that the hazard wasn’t something they were responsible for fixing.
This can also arise in third-party claims, where the defendant argues that someone else—not them—was in charge of the situation. Proving the existence of a duty often involves reviewing contracts, business policies, and public safety standards.
Bringing in a Third Party
Sometimes, the defendant may admit partial fault but point to another person or company as also being responsible. In these cases, the defense may file a cross-claim against the third party or try to shift part of the blame in court.
For example, in a truck accident, the driver might say the crash happened because the brakes failed due to poor maintenance by a third-party repair service. While this doesn’t eliminate their own responsibility, it can reduce how much they are required to pay.
Preparing for These Defenses with the Right Legal Strategy
Each of these defenses can affect how your personal injury case unfolds. Some are easy to refute with strong evidence. Others require expert analysis, detailed records, and a well-organized legal argument. The key is knowing how to anticipate and counter these strategies from the beginning.
A skilled California personal injury lawyer will not only help you gather the right evidence but will also build a strategy that takes these common defenses into account. Whether your case settles outside of court or goes to trial, being prepared can make a real difference in the outcome.
Conclusion
If you’re facing medical bills, lost income, and other challenges after an accident, you don’t want to let the defense get ahead. The sooner you speak with an attorney, the sooner you can start protecting your rights and pushing back against strategies meant to weaken your claim.
Our California personal injury team is ready to help you understand your legal options, investigate your case, and hold the right people accountable. Contact us for a free consultation and take the first step toward getting the support you need.
