Three Ways a Personal Injury Case is Defended
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Common Arguments Used by the Defense to Lower the Value of Your Claim
San Antonio Texas Lawyer
There are a number of different ways that a defendant can attempt to limit the success of your lawsuit, and these are called defenses. Our Law Offices, has dealt with a great many of cases and our attorney has identified some of the common ways that a case can be defended.
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What Are the Common Ways a Case is Defended?
When you file suit against someone, you are known as the plaintiff and the person you are filing suit against is known as the defendant. The plaintiff has what is called the burden of proof, which means that they are responsible for proving the case. Naturally, since you are trying to accuse the defendant of doing something that is wrong, they go on the defensive. There are three main ways that our attorneys have identified that a defendant can use to defend a case: 1) the plaintiff fails on his own merits, 2) Ordinary defenses, and 3) Affirmative defenses.
The Plaintiff Can Fail on His Own Merits
The plaintiff has the burden of proof to show that the defendant is guilty of whatever the plaintiff is accusing them of. For example, if you got into a car accident and the defendant caused the crash you would be suing him in a negligence cause of action. Therefore, as the plaintiff you would have the burden of proof to […]
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