An affirmative defense is a legal defense used in criminal law cases as well as lawsuits between private parties. Depending on the specifics of a case, affirmative defenses can also be called justification defenses or less often, excuse defenses. Simply put, affirmative defenses are used to avoid, excuse or limit liability in a criminal or civil case.
Affirmative defenses are generally boilerplate assertions set forth in the responding party’s answer to a complaint. Most of the time, the party making this defense bears the burden of proof. The party bringing the lawsuit, however, has a limited time in which to affirm or deny the defenses and this is generally boilerplate language as well.
For a more thorough explanation of affirmative defenses and other legal terms, contact experienced Central Florida personal injury attorney James O. Cunningham. If you or someone you care for has been injured, he can guide you through the judicial process so that you can focus on recovering from your injuries.
Central Florida Personal Injury Attorney
If another party has injured you or a family member, experienced Orlando personal injury attorney James O. Cunningham can investigate your potential claim, explain the laws that apply and discuss your options. He can explain legal terms like affirmative defense in greater detail and guide you through the judicial process. Call the Law Offices of Central Florida personal injury lawyer James O. Cunningham today to schedule a consultation.
Resource link: http://www.weblocator.com/attorney/fl/law/pigen.html
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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