Do you feel like you should file a personal injury lawsuit regarding an accident you were involved in? Before you do, it’s important that you familiarize yourself with the defenses that you can expect to hear from the other individual or company. The defendant could even claim that no one is to blame for your injuries so it’s important to never be caught off guard during trail. Instead, learn the most common defenses and prepare how you will act accordingly. There are two reasons why the defendant would object to a personal injury claim:
#1: the role they played in causing the accident, they may feel that they did nothing wrong and could not have caused that accident
#2: Know about the plaintiff that did not do after receiving the injury, such as get medical help or file a lawsuit within the correct amount of time
Plaintiff’s Defenses
If you file a personal injury claim, you may be somewhat to blame for the personal injury accident which resulted in the accidental injuries you received.If you are partially responsible for the accident that caused your injuries, you will most likely only receive a portion of the compensation that you are requesting. If you decide to settle the claim case, then you and the defendant will need to sign proper papers that are drawn up by your lawyer. If you can’t settle out of court, you may be in for a long and lengthy trial that may not end in you receiving any compensation for your injury.
The amount awarded to you may be a result of your involvement in the accident. While you most likely will be awarded some, every little but helps when you are dealing with an injury that has you out of work.
Comparative Negligence
There is something called a “Comparative Negligence” which many states follow. With this rule in a personal injury case, the damages are calculated using a formula that will consider the percentage that each party is at fault with. Through the court system, this is the fairest way to handle these types of cases. However, it helps to hire the services of an injury lawyer in Edmonton to represent your rights.
Contributory Negligence
Comparative negligence laws are there to decrease the amount that a victim receives whenever he or she may have some part of the accident which caused the injury. Then there is contributory negligence. This type of negligence doesn’t work that way.Under this rule, in most states, victims that share fault of an accident that causes injuries are barred from compensation award from a personal injury claim. As you live in Alberta, a state that honors contributory negligence, you may not be able to file a claim.
Risk Assumption
Sometimes in a personal injury case, a defendant would be faced with a lawsuit that will dispute that the injured person assumed to be at risk of being injured. This means that when an injury occurs, and the party knows that it is dangerous and can cause injury, such as football or basketball or paint ball, then the cases are dismissed.