Don’t just deny it—defend it. Learn the smartest legal defenses to raise in your civil answer and protect your case from the ground up.
When you're sued in a civil lawsuit, your answer does more than just respond to allegations—it can strategically shield you from liability. Raising strong legal defenses—also known as affirmative defenses—can stop a lawsuit in its tracks or at least shift the odds in your favor.
This guide covers the most common defenses you can include in your civil answer, plus how and when to use them effectively.
A defense is a legal argument that either challenges the truth of the plaintiff’s allegations or justifies your actions. Defenses fall into two main categories:
General Denials: You deny some or all of the plaintiff’s claims.
Affirmative Defenses: Even if the plaintiff’s claims are true, there’s a legal reason you’re not liable.
Let’s break down the most commonly used defenses.
This is the first and most basic defense—simply denying that the allegations are true. You can deny specific facts, the entire complaint, or claim you don’t have enough information to confirm or deny.
Example:
The plaintiff claims you breached a contract, but you deny that any breach occurred because you fulfilled your end of the agreement.
This defense argues the plaintiff waited too long to sue. Every claim has a deadline—once it passes, the case may be dismissed.
Example:
A personal injury lawsuit is filed four years after the incident, but the jurisdiction has a two-year statute of limitations.
Courts can only hear certain types of cases and parties. If the court lacks the power to hear the case—geographically or by subject—you can move to dismiss on those grounds.
Example:
You’re sued in a state where you don’t live, work, or do business.
Even if everything in the complaint is true, the plaintiff hasn’t shown a valid legal claim.
Example:
The complaint says you “acted unfairly” but doesn’t specify what law was broken.
You can’t be sued for doing something the plaintiff allowed you to do.
Example:
In a personal injury case, you argue the plaintiff gave permission to participate in a contact sport where injuries were foreseeable.
This defense claims the plaintiff gave up their right to sue—knowingly or by conduct.
Example:
The plaintiff knew about the issue and continued doing business with you anyway.
Estoppel prevents someone from going back on something they previously said or did—especially if you relied on it.
Types:
Equitable Estoppel: Based on fairness.
Collateral Estoppel: Prevents relitigating a previously decided issue.
Example:
The plaintiff repeatedly acknowledged the contract’s terms, then denies its existence in court.
You argue the plaintiff was partly (or entirely) responsible for their own harm.
Example:
In a car accident case, the plaintiff ran a red light, contributing to the crash.
Comparative Fault: Both parties share blame; damages are reduced proportionally.
Contributory Negligence: If the plaintiff is even 1% at fault, they recover nothing (depends on jurisdiction).
The plaintiff hasn’t provided enough factual detail to support their claims.
Example:
They say you broke a contract but don’t identify the agreement, the breach, or the harm.
In personal injury or tort claims, you can argue you were protecting yourself or someone else.
Example:
You shoved someone during an altercation—but only because they were about to strike first.
You were forced into taking action due to threats or unlawful pressure.
Example:
You signed a contract while being threatened—making it unenforceable.
You didn’t have the mental capacity to enter into an agreement or understand your actions.
Example:
In a contract case, you argue that a diagnosed psychiatric condition rendered you unable to consent.
Certain debts are discharged through bankruptcy, making them non-collectible.
Example:
You’ve already received a discharge order for the debt being sued over.
Truth is a complete defense to defamation. If what you said was factual, you’re not liable.
Example:
You posted an online review stating a business overcharged you—and have the receipt to prove it.
A well-structured answer doesn’t just respond—it defends. Whether you’re denying allegations, asserting your rights, or exposing flaws in the complaint, your defenses can reshape the outcome of the case.
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🧠 Pro Tip: Don’t throw every possible defense into your answer. Choose the ones that apply—and use them wisely.
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