Are you suffering from an injury that was caused by another person and are losing money due to medical bills, time away from work, and necessary durable medical goods? If so, you'll likely be seeking compensation from the responsible party. If they decide to fight your claim, you'll need to go to court for a personal injury lawsuit. Be aware that they could use the following defenses to claim that they are not responsible for your injury.
Say You're Partially To Blame
One strategy will be to say that you are somewhat responsible for the injury, which means that the defendant is not responsible for paying 100% of the compensation you are requesting. The goal will be to assign you with a percentage of responsibility, which will reduce how much compensation you will receive. For instance, if they are able to prove you were 25% responsible for the injury, you'll receive only 75% of the compensation you have requested.
Unfortunately, not all states work under these rules, where compensation is divided based on a percentage responsibility. Some states have contributory negligence laws, meaning that if you are found to have any responsibility over the accident happening, then you will receive no compensation. This is why it is so important to understand what your state's laws are regarding negligence and to be able to prove a solid case before moving forward with a lawsuit.
Say You Took An Assumed Risk
Another defense that the defendant can take is to say you took an assumed risk by participating in the activity that you were injured in. Assumed risks are typically any known risk that can happen by participating in the activity safely.
For instance, if you attend a local baseball game, there is a known risk that a foul ball could hit you while sitting in the stands. That is a known risk of being at a sporting event, and it is on you to be mindful of where foul balls are heading and to be prepared. However, there are injuries that may not be known and are out of your control. If the bleachers you were sitting on collapsed, this is not something you would expect to happen or could prepare for, and it is the responsibility of the facility to keep the equipment safe.
Handling the defenses in a personal injury case can be tough, which is why it is always best to work with a lawyer on your side. Contact a lawyer, like Keith E Zaid Attorney At Law, for more information.