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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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How do you defend against a personal injury claim

May 11, 2022

How do you defend against a personal injury claim?

If you are faced with a personal injury claim, it is important to understand the different ways that you can defend yourself. There are many factors that will come into play in these cases, and the right defense strategy can make all the difference. In this blog post, we will discuss some of the most common defenses used in personal injury cases.


What to do to avoid being sued for personal injury

The early stages of a personal injury claim are not only the most important, but often the most overlooked. You need to recognize the warning signs and halt them before it is too late.


The best way to avoid being sued for personal injury is to take precautions to prevent accidents from happening. This means being aware of your surroundings and taking steps to avoid potential hazards. It is also important to be aware of the risks associated with certain activities and to take measures to mitigate those risks. Here we list a few examples:

Recognize the early warning signs of a personal injury claim.

Everyone is aware of the dangers linked with dangerous premises, but understanding the signs of an impending personal injury claim is an entirely different question.


Personal injury claims are often based on negligence, which refers to one person's responsibility for causing harm to another person. When negligence is responsible for a personal injury, the victim of that injury can sue for damages. There are many defenses against a personal injury claim, including contributory negligence and comparative negligence, but knowing what to look for early on will help you determine whether or not you have an actual case.


There are a few early warning signs that may indicate that someone is considering filing a personal injury claim against you. These include:


  • The person expresses dissatisfaction with the way you handled the situation that led to the accident.
  • The person threatens to sue you or file a claim against you.
  • The person hires a lawyer specializing in personal injury claims.


If you are faced with any of these warning signs, it is important to take them seriously and consult with a lawyer to discuss your options.

Develop an internal response system to an injury.

If you are involved in an accident, it is important to be proactive in resolving the situation. This means taking steps to ensure that the accident does not happen again and taking responsibility for your role in the accident. It is also important to take action and develop an internal response system to an injury. This means having a plan in place so that you can quickly and effectively respond to an accident.



  • A good internal response system will include:
  • A clear and concise plan of action.
  • A designated point person to coordinate the response.
  • The involvement of all relevant parties.
  • The ability to adapt the plan as necessary.
  • An effective communication system.


By having an internal response system in place, you will be able to more effectively respond to an accident and avoid potential liability.

Keep detailed records of on-site injuries.

If an accident does occur, it is important to keep detailed records of on-site injuries.



As a business owner, you are required to maintain a record of all on-site injuries. This includes a description of the injury, the date and time of the injury, the name of the injured person, and the witnesses to the accident.


Keeping detailed records of on-site injuries will help you defend against a personal injury claim by providing evidence of the injury and how it occurred. It will also help you determine whether or not you are liable for the injury.

Monitor contractor safety certifications.

If you're in the construction industry, you know how dangerous the job site can be. Accidents happen all of the time and even minor incidents can lead to big payouts if you're a large company. If you're a small business owner, then it only makes sense to take precautions and stay on top of safety certifications.



The most important defensive action to take is to make sure that the contractor you hire has the required safety certification.


Plaintiff's injuries might have been caused by a contractor working on your property or by someone working for you. If the contractor does not have the proper safety certification, then you could be held liable for their negligence. If this is the case, you might be held liable for those injuries.

To avoid being held liable for injuries caused by a contractor, you should:


  • Monitor the safety certifications of all contractors working on your property.
  • Ensure that all contractors are properly insured.
  • Require all contractors to follow your safety procedures.


By taking these steps, you will be able to avoid being held liable for injuries caused by a contractor.

Review the employee handbook annually for safety language, and update as needed.

You should have a comprehensive employee handbook. With this resource navigators can clearly see what the company is and isn't doing to keep them safe on the job. This will give you some ammunition should the employee file a lawsuit or claim against your company. It can also help mitigate overall liability if an injury does occur but is not covered in the handbook.



To keep your business safe, it is important to review the employee handbook annually for safety language and update as needed. This will ensure that your employees are aware of your safety procedures and that they are up to date. It will also help to avoid potential liability if an accident does occur. In these cases it is helpful to consult an attorney, preferably an experienced personal injury defense lawyer, to help you navigate the situation.

What to do when you are sued for personal injury

If you are served with a personal injury lawsuit, it is important to take the time to understand the allegations against you and to consult with an experienced personal injury defense attorney. An attorney can help you understand the allegations against you and develop a defense strategy.


However, there are some general steps that you should take if you are sued for personal injury.

Analyze the complaint.

The first step is to analyze the complaint. This will help you understand the allegations against you and what you need to do to defend yourself and your business.


Remember that the complaint is just allegations and you are not required to prove anything at this stage. The burden of proof is on the plaintiff to prove their case.


Defense attorneys will also look for any weaknesses in the plaintiff's case. This can help you to determine if there are grounds to have the case dismissed or to negotiate a settlement. This leads us to the next step.


You might want to read: Are my injuries serious enough to file a claim for compensation?

Gather facts about the plaintiff and defendant.

The next step is to gather facts about the plaintiff and defendant. This includes collecting information about the accident, the injuries, and any other relevant information. This information will help you to understand the case and to develop a defense strategy.



It is also important to gather information about the plaintiff's injuries. This includes medical records, bills, and any other relevant information. This information will help you to understand the extent of the injuries and to determine the value of the case.

Research statutes of limitation.

The next step is to research the statutes of limitation. This is the time limit that a plaintiff has to file a lawsuit. In most cases, the statute of limitations is two years from the date of the accident.



However, there are some exceptions to this rule. For example, if the plaintiff is a minor, the statute of limitations may be extended. Also, if the plaintiff is alleging fraud, the statute of limitations may be extended.


This information is important because if the case is filed after the statute of limitations has expired, the case will likely be dismissed.

Evaluate insurance coverage.

The next step is to evaluate your insurance coverage. This includes reviewing your policy and determining what coverage you have. In most cases, you will have liability coverage that will cover the damages that you are liable for.


However, there are some exceptions to this rule. For example, if you are sued for intentional acts, your insurance company policy may not cover you. Also, if you are sued for punitive damages, your insurance policy may not cover you.


It is important to understand your insurance coverage because you may be responsible for paying the damages that are not covered by your policy.

Identify defenses

The next step is to prepare your defense strategies. This includes gathering evidence, witnesses, and any other relevant information. This information will help you to prove that you are not liable for the damages of the injured plaintiff.


Some common defenses include proving that the plaintiff is at fault, proving that the plaintiff assumed the risk, and proving that the plaintiff cannot prove causation. Also when you are doing obviously dangerous activity, the defense of contributory negligence may be used.



The plaintiff's claim can be defended in a number of ways and it is important to consult with an experienced personal injury lawyer to discuss that specific case and look for any possible defenses.

Determine scope of damages

When it comes to personal injury cases, damages can be economic or noneconomic. Economic damages are quantifiable expenses such as medical bills, lost wages, and property damage.


Noneconomic damages are more difficult to quantify and include pain and suffering, emotional distress, and loss of enjoyment of life.



It is important to determine the scope of damages because this will help you to understand the value of the case. In case of a serious injury, the value of the case may be higher than if the injury is minor.

Request a medical release form

Personal injury lawsuits require a lot of documentation. One of the most important pieces of evidence is the medical release form. This form will allow you to obtain the plaintiff's medical records, looking for evidence that the plaintiff's injuries were caused by the accident or not, if there where pre existing injuries or not and the severity of the injuries.



The medical release form will also allow you to obtain the plaintiff's medical bills. This information is important because it will help you to determine the value of the case. The medical release form is a simple form that can be obtained from the plaintiff's doctor.


A medical treatment plan may also be obtained from the doctor. This document will outline the plaintiff's future medical treatment. This information is important because it will help you to determine the value of the case.

Record your legal fees

Finally, it is important to keep track of your legal fees. This includes any attorney's or law firm fees, expert witness fees, and court costs.



It is important to keep track of your legal fees because they can be used as a tax deduction. Also, if you are successful in your personal injury lawsuit, you may be able to recover your legal fees from the defendant.


When it comes to a personal injury case, it is important to understand the process and what you need to do in order to defend yourself. Remember that the injured party has the burden of proof, so it is important to gather evidence and witnesses to support your defense and .

The above steps can help you defend against a personal injury claim. Hiring a good lawyer will go a long way in helping you defend against personal injury claims.



A good defense lawyer or injury attorney will have experience in handling personal injury cases and will be able to guide you through the process. They will also be able to help you gather evidence and witnesses to support your case.


At the Law Office or Rolando Cantu, we have experience in handling personal injury cases. We will work with you to gather evidence and witnesses to support your case, offering an excellent attorney client relationship. Contact us today for a free evaluation of your case, we are here to help.

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