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When you have been injured due to the negligence or wrongdoing of another party, it is only right that you seek compensation for your losses. This is where the personal injury lawyers at Alexander Shunnarah Trial Attorneys and other top law firms come into play. They ensure that you receive the maximum compensation possible for your case.
However, seeking compensation for a personal injury claim can be a complex and lengthy process. The at-fault party may come up with numerous defenses in order to avoid paying for your losses.
In this article, we will discuss some of the common defenses that may be used in a personal injury case and how your lawyer can help you overcome them.
Defenses the At-Fault Party May Use
Here are some of the common defenses that may be used by the at-fault party in a personal injury case:
Contributory Negligence
Contributory negligence is a defense used by the at-fault party to argue that you, the injured party, were also partially responsible for your own injuries. This means that if the court finds that you were even 1% at fault for your injuries, you may not be able to recover any compensation.
This defense is still recognized in a few states, but most have adopted the comparative negligence approach, which allows for partial recovery based on the degree of fault assigned to each party.
Assumption of Risk
Assumption of risk is another common defense used by at-fault parties in personal injury cases. This defense argues that you voluntarily assumed the risks associated with an activity or situation and therefore cannot hold the at-fault party responsible for any resulting injuries.
For example, if you were injured while participating in a high-risk sport such as skydiving, the at-fault party may argue that you knew and accepted the risks involved in the activity. However, this defense can be challenged by proving that the at-fault party was still negligent in some way.
Intervening Causes
In order to successfully prove a personal injury claim, you must establish that the at-fault party’s actions were the direct cause of your injuries. The defense of intervening causes argues that something else other than the at-fault party’s actions caused your injuries.
For instance, if you were injured in a car accident caused by a reckless driver, the at-fault party may argue that your injuries were actually caused by a pre-existing condition or another event that occurred after the accident.
Fighting Against These Defenses
It is important to note that the burden of proof lies with the at-fault party to prove these defenses, not with you as the injured party. Your personal injury lawyer will work to challenge and disprove these defenses in order to strengthen your case.
Some of the ways your lawyer may fight against these defenses include:
- Gathering evidence to prove that the at-fault party’s negligence was the direct cause of your injuries.
- Proving that you were not aware of or did not assume the risks involved in a particular situation.
- Providing medical records and expert testimony to establish that your injuries were caused by the at-fault party’s actions, not any pre-existing conditions or other events.
You should also be prepared to counter these defenses during the legal process. Be honest and transparent with your lawyer about any potential contributing factors or assumptions of risk, as they can help build a stronger case.
Contact a Personal Injury Lawyer for Help
Dealing with the defenses of an at-fault party in a personal injury case can be challenging. Having an experienced personal injury lawyer on your side can make all the difference. If you have been injured due to someone else’s negligence, don’t hesitate to reach out to a lawyer for professional legal assistance.