4 Common Defense Strategies Used In Personal Injury Lawsuits

If you’ve recently consulted with a lawyer and are considering filing a personal injury lawsuit, he or she will probably prepare you by discussing the defense strategies that the other side will use in court. This not only helps you to understand these strategies, it will help your personal injury lawyer to protect your rights during the proceedings. Basically, it will help you avoid any liability and increase your chances of reaching a fair and reasonable settlement. These defense strategies include:

Assumption of risk – the defendant and their lawyer in a personal injury lawsuit could argue that the injury victim / plaintiff “assumed the risk” of sustaining injuries by taking part in an activity that they knew could be dangerous. You typically see this defense strategy in a personal injury case that is attributed to

• Contact sports such as football, hockey, Lacrosse, etc.
• Paintball contests or similar games
• Spectator injuries such as a foul line drive that hits someone attending a baseball game and sitting in the stands

Comparative negligence – this is common in many personal injury cases. Damages are calculated using a formula that examines the defendant’s and plaintiff’s degree of fault in the accident. So if you are found to be 25% at fault, you will most likely see the amount of compensation you receive reduced by 25%.

Contributory negligence – while comparative negligence laws will, in most cases, lower the amount of compensation you receive, contributory negligence will not be as forgiving. These principles are very strict and if the plaintiff shares any percentage of fault or responsibility in an accident, they will most likely be denied any compensation in their personal injury lawsuit.

Your role in the accident – claiming that you (plaintiff) were completely or partially at fault in the accident is usually the defendant’s first argument in a personal injury case. If the court rules that you’re partially at fault for the accident, it will affect the amount of compensation you get. If the court follows “comparative” or “contributory” negligence standard (see above) the amount of compensation that you are entitled to could be decreased or denied altogether.

Now you know why you need to hire the services of a professionally experienced lawyer that has worked on similar cases in the past. You need to ensure that you are honest and upfront about all the details of the case, so that the lawyer can file accordingly. With many legal firms ready to assist you, it is essential that you understand that not lawyers are the same. That is why it is important to check the past success rate before you allow Personal Injury Lawyer in Richmond Hill to represent you.

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