When you file a personal injury lawsuit, expect the defendant to fight back. The defendant will have a lawyer, often provided by their insurance company, and will mount a defense. You can be prepared for all possible defenses. You can plan ahead and limit the ways the defendant can deny responsibility.
If one or more defendants have insurance, then their insurer will provide a legal team. Insurance policies require the insurance company to protect the policyholder from claims of liability. The insurance company must defend its policyholder vigorously.
If you claim the defendant was negligent, you have to establish the defendant had a duty of care toward you. In some cases, the defendant might claim this isn’t true. They might state they had no legal duty to act a certain way toward you. For example, a property owner might claim you were a trespasser, and they had no responsibility to keep you safe.
A very common defense is “you are at fault too.” The defendant might claim you also were negligent at the time of the accident. This defense triggers New York’s pure comparative negligence rule. The jury assigns a percentage of fault to each party involved.
You might be 10% at fault, while the defendant is 90% at fault. The fact that you were partly to blame does not stop you from winning compensation. In New York, you can be more than half at fault and still recover damages. But the amount of compensation you receive will be reduced by your percentage of fault.
To win compensation, you have to prove direct and proximate cause. Proximate cause means there is a straight line of causation from the defendant’s negligence to your injuries.
The defendant might claim another event happened that broke that straight line. An event that took place between the time of the defendant’s negligence and your injuries is an intervening act. If that event was significant enough and not a foreseeable risk of the defendant’s action, then it could be to blame for your injuries instead of the defendant.
Such a significant event is known as a superseding cause. The jury will decide whether an intervening act supersedes the defendant’s liability.
The defendant might claim they aren’t liable because you knew the risks of what you were doing. The assumption of risk doctrine protects places to allow people to participate in a potentially risky or dangerous activity, like playing or watching a sport.
The defendant will say you knew there were risks involved, and you voluntarily exposed yourself to those risks. If the jury agrees with this defense, you will be denied compensation. If the jury partly agrees, then your compensation could be limited due to comparative negligence.
When you pay to do something potentially dangerous, like go to a trampoline park, you might have to sign a liability waiver. Or, some establishments place a liability wavier on the back of your ticket and say you agree to it by paying the admissions price. This is the “fine print.” The liability waiver says you agree not to sue the business for negligence if something goes wrong.
In New York, whether a liability waiver is valid depends on several factors, including several statutes that make certain liability waivers unenforceable. If you signed a waiver in conjunction with paying for admission to a recreational activity, like a pool or gymnasium, the waiver is void. Also, neither a minor nor their parents can waive their right to sue someone for negligence.
Years ago, family members couldn’t sue each other for injuries. This type of defense was created when a child tried to sue a parent. However, New York later got rid of the family immunity defense. A relative can’t try to defend themselves against your injury claim because of your relationship.
The defendant might claim that the injuries you allege in the lawsuit existed before the accident. When you pursue a personal injury claim, you can only ask for compensation for the harm the defendant’s negligence caused you. You can’t be compensated for injuries that existed before. The defendant might claim you had pre-existing injuries to reduce their liability or win the lawsuit completely.
New York has a deadline for how long you have to file a lawsuit. The statute of limitations for most personal injury claims is three years from the date of the injury. If you file after the statute of limitations runs out, the defendant can immediately ask the court to dismiss your case.
Another reason the statute of limitations tolls is for minors. Minors have three years from the date of their 18th birthday to file a lawsuit.
Our team at Hecht, Kleeger & Damashek, P.C. has decades of collective experience handling injury claims, including personal injury, premises liability, product liability, medical malpractice, and wrongful death lawsuits. We know how defense lawyers think. We thoroughly investigate the claim and evaluate how the defendant is likely to fight back. We prepare the strongest possible argument for trial, including ways to respond to common defenses.
Talk with us about how to prove your injury claim and respond to common defenses in court. Reach out to us through our online form or call (212) 490-5700. We offer free consultations, and we work on a contingency fee basis. You don’t owe us our fees unless we win you compensation.
CLIENT REVIEWS
09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
01/15/2021
I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.
01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…