If you’ve been a victim of personal injury and want to file a personal injury lawsuit, it’s a good idea to be aware of the typical defenses that the other party may use when faced with a lawsuit. This will give you a chance to prepare for what is possibly to come so that you can prepare your case.
The most typical type of defense that a defendant will use when facing a personal injury lawsuit is that the plaintiff (you) was at fault for the injury. In some instances, this may be true. For example, even if you were hit by another vehicle while driving, you may have been driving negligently when the accident occurred, which could possibly make you liable for part of the accident. On the other hand, if you are shopping in a designated area of a store and fall on a wet floor that didn’t have proper warning signs, then the store is typically fully liable.
Another common defense is when defendants use the “assumption of risk” argument, which means that the plaintiff assumed the risk before engaging in the activity that caused injury. For example, if you are on a soccer team, and the goal post happens to crash on you, the defendant may claim that had you not acted negligently on the field, then the injury would not have happened. Another example would be a baseball hitting a fan in the bleachers. A defendant may argue that the fan assumed the risk by attending the game in the first place. However, in order for the plaintiff to be responsible and assume risk, certain rules have to apply. If one player gets elbowed while by another player while playing basketball, then they assumed that risk may happen before they started playing. However, most people do not assume that the basketball goal is going to crash down on their heads and cause multiple injuries, just as most spectators don’t assume a baseball is going to break their nose as they watch a game.
It’s important to retain legal representation if you are considering filing a personal injury lawsuit. Many defendants get out of paying what’s rightfully owed each year by claiming defenses that the average person doesn’t have the skills to contest. An experienced personal injury attorney not only has the skills to contest typical defenses, but also has the knowledge to help you prove your case.
Our personal injuries attorneys at Ledger & Associates have years and years of experience in helping our clients win the damages they are entitled to. Give us a call today and let us work with you to ensure you have a fighting chance in winning your case.