The Sanders Firm, P.C.: Defenses and How They Affect You
At The Sanders Firm, P.C., which serves those in the New York City area, we focus much of our energy on civil rights lawsuits; however, our clients need to understand there are various defenses that may affect their ability to win their lawsuit. In this section of our website, we are going to consider and explain nine different defenses; what they mean, and how they may affect a lawsuit.
Defenses are often noted by descriptive terms that tell us something about that defense. With a prescribed defense such as governmental entity or qualified immunity, there are prescribed criteria that one must prove in order for that defense to be successful. Thus, if you are bringing a civil rights suit against someone who works in the government and they claim the defense of governmental entity, they can be found not liable if they can prove that defense.
A Defense Has to Fit
In order for a defense to be successful, it must fit. In simplest terms, if someone claims statute of limitations as a defense and yet such defense does not apply, then his or her defense is defeated. However, just because a defense does not apply, and it is found to be insufficient, that does not mean that the plaintiff will win their case. The plaintiff must still prove their case in order to win. Often, however, certain defenses are used in an effort to thwart a plaintiff who has a solid case in terms of facts and the manner in which they have been affected.