A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. In a suit in which plaintiff alleges that defendant has been negligent, contributory negligence by the plaintiff is sometimes a defense which a defendant can raise.
This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
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A negligence lawsuit is a civil lawsuit that filed against a person or a legal party that failed to use reasonable caution and caused damage to a victim while providing care or services.
Suing a party that doesn't have any money or assets can be complicated and time-consuming. If the defendant lacks funds and real property, it will take far longer to recover from the losses you suffered than in an average claim.
If a judgment is entered against you, and you lack the financial resources to pay, the judgment becomes an additional debt that will need to be repaid. In many instances, the person or company suing you will seek compensation from you in one form or another. This may include: Wage garnishment.
A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.
Under the traditional rules of legal duty in negligence cases, a plaintiff must prove that the defendant's actions were the actual cause of the plaintiff's injury. This is often referred to as "but-for" causation, meaning that, but for the defendant's actions, the plaintiff's injury would not have occurred.
