It’s not uncommon for the defendant to use these defenses to prove his or her innocence and hence avoid paying you a settlement. If you have ever been involved in a personal injury accident, you will naturally want to file a claim or lawsuit with your personal injury lawyer. Keep in mind that the defense and his or her legal team will use the following arguments to prove his or her innocence. He or she can then potentially avoid paying you the settlement you deserve and need. Read this article to learn more about these defenses.
Was the plaintiff also at fault?
You are the plaintiff and the defendant’s personal injury lawyer in Arcadia will try to present evidence that proves that you were at least partially at fault. He or she will argue, based on that evidence that the settlement amount due to you should be reduced or even canceled based on those grounds. Keep in mind that your settlement will likely be reduced if you were even 1% at fault. This can occur either early on in out-of-court negotiations or further along during a lengthy trial.If your state follows comparative negligence, your settlement amount will be reduced by the percentage of your guilt.
Most American states follow this rule. The judge will examine each party’s share of liability in the accident and calculate the final settlement and compensation amounts accordingly. If your state follows a pure comparative negligence rule, you’ll still receive a settlement even if you were partially at fault. This is not the case if your state follows a modified comparative negligence rule.
Your personal injury lawyer will hate this rule because it tends to favor the defendant. It states that the plaintiff will not receive any compensation if he or she is found to be even 1% at fault. Only four states (Alabama, Virginia, Maryland, and North Carolina) follow this rule. Washington D.C. also follows this rule.
Assumption of risk
The defense can argue that your settlement amount should be substantially reduced or even canceled because you were fully aware of the risks involved in participating in a particular activity beforehand. Defendants who are involved in personal injury lawsuits resulting from contact sports activities love to use this defense.
The defense can be tricky
Now that you have more insight into the defenses the defendant and his or her legal team can use to counter your settlement, you need to hire a personal injury lawyer. You’ll increase your chances of getting the settlement you deserve either in or out of court.