- AFFIRMATIVE DEFENSE:
- This contained in an answer to a complaint, in which a defendant responds to the allegations by pleading something more than a simple denial of the plaintiff’s allegations. Some common affirmative defenses include comparative fault, failure to state a claim upon which relief can be granted, lack of jurisdiction over the subject matter, lack of jurisdiction over the person, insufficiency of process, insufficiency of service of process, failure to join a party, a party lacks standing, statute of limitations, laches, waiver, and estoppel. Generally, the party asserting the affirmative defense has the burden of proof.
The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.