How to give your views on the lawsuit?
Possible responses
• A denial of all allegations
• A denial of specific allegations
• Raising a specific defense
Possible defenses, and expected response to each mentioned defense
The complaint was file too late. It was not filed until after the deadline had passed. The deadline had been stated in the statute of limitations.
A defendant with that defense would have this response: All allegations denied; no legal justification for pursuing any of those allegations. At least some of the charges in the complaint fail to mention a clear case of causation. Without proof of causation, there can be no charge of negligence. Without grounds of charging negligence, there could be no basis for an allegation of fault.
A defendant with that defense would claim a denial of at least one of the allegations. That would be the one that was missing a case of causation.
No mitigation of sustained injuries: That could be a defense in a state that adhered to the principle of contributory negligence. Even if a defendant could be found 100% responsible for the accident-causing factors, the failure to mitigate any resulting injuries would eliminate the justifiability of the presented allegations. According to that principle, anyone that has made even the slightest contribution to creation of an accident, or creation/aggravation of an injury should be unable to receive any compensation for resulting injuries.
That response would be an example of a specific defense. Not all responses could be so specific, as per personal injury lawyer in London. The specificity of this particular response/defense would stem from the fact that different states have different rules for handling cases of shared blame. In a state that followed the comparative negligence principle, a victim could receive a reduced compensation if he/she had failed to mitigate the accident-linked injuries.
What happens if a defendant has claimed that he/she intends to deny all allegations?
In that case, the defendant would probably more for dismissal of the plaintiff’s case. If the judge were to accept that motion, then that would bring an end to the claimant’s lawsuit.
On the other hand, if the judge were to rule against the requested dismissal, then the plaintiff-lawyer team could plan on pursuing the lawsuit that was associated with the filed complaint. Of course, that would not guarantee a win for the plaintiff. The plaintiff-lawyer team would need to gather all of the available evidence and work on developing winning arguments.
During a discovery session, the 2 sides would share their evidence. At that point, either side could elect to settle with the opponent. If there were no settlement, the 2 sides would face each other in a courtroom. A verdict would identify the responsible party.