10 months ago

Common Defenses Your Lawyer Will Overcome in a Personal Injury Case

Are you looking to file a personal injury case in court? If so, you need a reliable lawyer who understands the ins and outs of complex legal proceedings. A good lawyer should be familiar with your specific situation and capable of constructing strong arguments against common defenses that may be presented to diminish or discredit your compensation claim.

We will cover some commonly used defense strategies that can stand between you and a successful result from your lawsuit, and most importantly, we’ll show how your lawyer could help overcome them. Want to learn more about what’s ahead? Feel free to visit theredemptionlaw.com for more information.

Let’s do this!

Table of Contents

Contributory Negligence

Contributory negligence is a defense that can be used when your conduct contributed in some way to the injury you sustained. For instance, if you were not wearing a seatbelt while driving or stepped into an area that was cordoned off, any damages resulting from the incident should be reduced due to your carelessness.

However, your lawyer can challenge contributory negligence by presenting evidence that the other party’s conduct was more unreasonable and careless than yours or that you could not have known that the area you were entering was unsafe.

The court will then determine whether to assign a percentage of liability against you to lessen your compensation.

Assumption of Risk

Risk defense assumes that you knew, or should have known, that engaging in a particular activity or using a product might cause harm and, thus, cannot hold the other party responsible for any potential damages. This could apply to situations such as signing an agreement with a warning label attached, participating in extreme activities without proper safety precautions, etc.

To counter this defense, your attorney will prove that the potential risk was not made clear to you and, therefore, you could not have assumed any liability.

Comparative Negligence

In comparative negligence cases, the court aims to determine the degree of responsibility for each party involved by assigning a percentage of liability. This type of defense is often used when both parties have acted carelessly and contributed to the injury.

Your attorney will work to dispute any claims that you were partially responsible for your injuries by arguing that the other party was more negligent than you or that their negligence far outweighed your own.

Pre-Existing Conditions

In some cases, a defense strategy may be employed to argue that the injury or medical condition you claim as part of your personal injury case was pre-existing and not directly caused by the incident.

For example, if you were involved in a car accident and developed back pain afterward, the other party could claim that the pain existed before the accident.

The attorney can refute this by providing medical records or witness testimony that confirms the injury occurred after the accident.

Wrap Up!

After going over the importance of hiring an experienced wrongful death attorney, it is clear that having the representation and knowledge of a competent lawyer can save you a great deal of time, money, and frustration.

A skilled attorney will have the skills and insight to ensure you obtain the compensation you deserve for your loss. With the right attorney, you can rest assured that all available resources will be leveraged while diligently preparing a case strategy to overcome any legal defenses opposing counsel might present.

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