If you have been Injured in an accident that could have been avoided if someone hadn’t acted in a negligent manner, you may be trying to pull together a personal injury case. Before you go to court, you may want to know more about different types of arguments that you can anticipate in this type of claim. And if you are ever a defendant in a personal injury case, you will want to understand the defense strategies that could help you avoid liability.
Was the Plaintiff Also at Fault for the Accident?
In some accident cases, there is more than one person at fault. Both parties involved could be at fault. For example, one may be texting on his phone while the other is changing the radio station in his vehicle. When the two vehicles collide, it’s hard to determine exactly who caused the accident, as per personal injury lawyer in Trenton.
If you have already filed a lawsuit, but you are also partially to blame for the accident, the compensation that you receive may be affected. If you’ve filed a lawsuit but are partially to blame for the accident that caused your injuries, the compensation you receive could be affected. In some cases, your case can be thrown out completely, depending on how much fault you play in the accident.
Many states will follow what is called, comparative negligence. With this rule, calculating the damages would be done using a formula that uses each party’s degree of fault in order to determine how much is paid. For example, if you were involved in an accident and are considered to be partially to blame, the courts may find that you are 25% at fault and the other driver is 75%.
There are many factors that help to determine the percentage of fault you will be responsible for including the police report. It is best to let your lawyer deal with the law enforcement and insurance companies.
In some states that follow the principles of contributory negligence, victims who also share a degree of fault for the accident or injury are not allowed to sue the other party for compensation.
Assumption of Risk
In some cases, involving personal injuries, the defendant can face a lawsuit but they can argue that the person that received the injury assumed the risk of getting hurt. An example of this would be if the person was injured playing contact sports, such as basketball, football, or even paintball. Playing sports that involve direct contact can lead to injuries and releases the group or company that arranged the games.