Common Defenses in a Personal Injury Case

If you are thinking about filing a personal injury lawsuit, then you need to have the help of an Orange County personal injury attorney who understands what the defense is going to do. This means that you need to be able to anticipate the defenses that are going to come from the other side. This will ensure that you are prepared to respond appropriately. If you understand the arguments that the other side is going to make, then you will be in a position to respond appropriately and place the blame where it belongs.

You Were Also At Fault

One of the most common arguments that the defense will make is that you were actually at fault for the accident. If you have filed a personal injury lawsuit, you are seeking compensation for the injuries that you have received. If the other person is not at fault, then he or she is not entitled to provide you with anything. The easiest way to make this argument is to pin this blame on someone else. Given that you were at the accident and got hurt, you are an easy target.

Pinning the blame on you could force you to settle your case out of court. While there is nothing wrong with settling out of court for a fair amount, this is all part of the negotiation process. If they can pin the blame on you, then your amount could be reduced.

Comparative Negligence 

Many states follow something called a comparative negligence rule. This involves a formula that takes a closer look at the extent to which each party is at fault in an accident that leads to serious injuries. While this method does have its flaws, the point is to take the accident and assign a percentage of blame to everyone involved. For example, the jury (or the settlement) might claim that you were 20 percent at fault in the accident. Therefore, your award is reduced by 20 percent. This is usually only applied in a personal injury case.

The Assumption of Risk

Sometimes, the defense will argue that you participated willingly in an activity and therefore assumed all risk involved. This is common in numerous sports and activities such as football, paintball, and even spectator sports. For example, if you were sitting in the stands at a baseball game and got struck by a foul ball, the first defense in a personal injury case is going to be that you assumed the risk by sitting in the stands. It is critical to have a personal injury attorney who understands how this defense works, when it applies, and when it does not.

Find the Right Personal Injury Attorney

It is critical to enlist the help of a personal injury attorney who understands that arguments that are going to be made by the defense. This will place you in the best position to be successful in your personal injury claim. Remember that you do not have to go through this process by yourself.