When filing a personal injury case due to an accident, you will want to know what type of defense you want to anticipate and how you can better prepare for your case. Just because things look fairly simple in a case, doesn’t always mean that is how the other guy saw it happen and you could be in for a battle. The defense will sometimes argue in a case for two reasons:
#1: The plaintiff says that he or she did not see the accident in the same way that you did, including their involvement in the accident
#2: After the injury, you did not receive proper medical attention for your injuries
Defenses Based on Plaintiff’s Role in the Accident
Whenever a plaintiff files a personal injury lawsuit, there is a court date set up so that both sides can be heard. It doesn’t really matter who filed the lawsuit, both sides will get their chance in court. If you file the lawsuit, and are admitting to partial responsibility of the accident that caused your injuries, you will most likely not receive 100% compensation from the other side. The court will decide who will pay how much in percentages.
The damage that was done when the accident occurred will also be a concern. If you accept partial responsibility, you will also be responsible partially for paying off this debt in personal property damage.Here are other issues that may come up.
Comparative negligence in a personal injury case means that it will calculate the damages that you caused in an accident and divide it by a percentage that will be your responsibility. Most states will honor this way of solving personal injury claims especially when it is filed by Personal Injury Lawyer in Mississauga.
When contributory negligence is a factor in a case, this is what the courts will do. The negligence laws can decrease the amount that a victim is compensated for when they are considered to be at fault in some way. This type of law isn’t very forgiving. Victims who share a certain amount of fault in an accident can expect to be barred from any future personal injury claims too.
Assumption of Risk
In some situations, a defendant who is faced with a lawsuit will argue that the person that received the injury, assumed the responsibility of obtaining an injury and became a willing participate in the activity that led to the injury that occurred. A good example of this type of lawsuit is football injury or basketball injury, or a paintball injury. So if you go to a baseball game and are injured when a foul ball pops up and hits you in the head, this would be something that would be considered in your case.