Under Florida law, What is the Difference Between an Affirmative Defense and Denial of a Claim?

Under Florida law, an affirmative defense and a denial of claim are distinct legal concepts used by parties involved in litigation, and they serve different purposes:

1. Affirmative Defense

  • An affirmative defense is a legal argument made by the defendant in response to the plaintiff's claims.

  • It is not a mere denial of the plaintiff's allegations; instead, it provides specific reasons why the defendant should not be held liable.

  • Affirmative defenses are typically raised when the defendant acknowledges the plaintiff's claims but argues that there are additional facts or legal principles that should prevent liability.

  • Examples of affirmative defenses might include statute of limitations, contributory or comparative negligence, duress, waiver, or estoppel.

  • The burden of proof for affirmative defenses may vary depending on the specific defense.

2. Denial of Claim

  • A denial of claim, on the other hand, is a straightforward rejection of the plaintiff's allegations or claims made against the defendant.

  • It doesn't provide any additional reasons or explanations; it simply states that the defendant denies the plaintiff's allegations.

  • A denial of claim is often used as a general response to the plaintiff's complaint, and it can be the initial step in defending against a lawsuit.

  • It does not require the defendant to present specific evidence or legal arguments at this stage; those would typically come later when asserting affirmative defenses or during the course of the trial.

In summary, the key difference between an affirmative defense and a denial of claim under Florida law is that an affirmative defense involves presenting specific reasons or legal arguments as to why the defendant should not be held liable, whereas a denial of claim is a straightforward rejection of the plaintiff's allegations without providing additional explanations or defenses. Both may be used in the defense of a lawsuit, depending on the circumstances and the legal strategies employed by the defendant.

Please contact Joel Ewusiak for legal assistance with your specific matter.