3 Defenses That Can Be Used Against You in a Personal Injury Case
Being involved in an accident is never a fun thing. If you feel that someone else caused the accident, you likely may need to take legal action to get compensated for your medical bills. However, you need to be prepared for a battle in court. Here are three defenses that can be used against you in a personal injury case.
1. The defendant isn't responsible for the accident at all.
Likely the first thing the defense will do is claim the defendant is completely innocent. They will say their client didn't do anything to cause the accident, but that it was you who caused it instead. This can be a shaky defense, at best— especially if there are accident or police reports stating the defendant caused the accident. So as long as you have official reports backing up your claims, this defense isn't likely to hold water.
2. You share the responsibility for the accident in question.
If the defense can't get the fault for the accident completely off of their client, then they will try to convince the judge that you were partially at fault. If the court agrees, then it can definitely affect your personal injury case.
If your state uses contributory negligence in cases with shared fault, then you won't win any compensation from the other party. However, if your state uses comparative negligence, then you can get compensation. The amount you are awarded will be reduced by the percentage of the accident you are responsible for. So if it's determined you contributed to 45% of the accident, you can only get 55% of the amount you've asked the court for.
3. There was an assumption of risk involved in the accident.
Another possible defense that can be used is the assumption of risk. For instance, if you knew the driver of your car was drunk and you get injured in an accident with them, the defense could argue that you assumed the risk involved by knowingly getting in the car with their client.
Assumption of risk is also a personal injury defense used in cases involving athletes and race car drivers and even in some jobs where the possibility of injury is greater than others. In a lot of cases, the employee will be required to sign a waiver releasing the employer from any liability for injuries sustained. If you did sign a waiver like that, then the court may dismiss your personal injury case.
To get help right away with your case, contact a personal injury lawyer like one from Kornfeld Robert B Inc PS.