In the intricate world of healthcare, medical professionals strive to provide the highest standard of car
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Driving under the influence of alcohol or drugs is a serious offense and can lead to serious consequences
Losing a loved one due to someone else's negligence can be one of the most traumatic experiences in life.
The sudden occurrence of a slip-and-fall accident can lead to significant emotional and physical upheaval
Getting injured because of another person's negligent actions can derail your life in countless ways. First, you will have to spend months away from work as you recuperate from the injuries. You could also stop working altogether if the injuries are extensive. You must learn about your rights and who to sue if you get injured because of another party's negligent actions. Here is everything you need to know about creating a defense for your personal injury claim.
Degree of Fault in the Accident
In most cases, the settlement will be straightforward when the defendant is the person at fault for the accident. The dynamics of the case change when the other party discovers they were not the only one at fault and want to pursue some form of compensation. Getting a lawyer is the best course of action because the burden of proof will show that the other party played a bigger role in causing the accident than you did. The amount you receive as compensation depends on the degree of your fault for the accident.
Comparative Negligence
This is one of the most common ways to argue such cases. Here, you will get compensated depending on the percentage of your fault in causing the accident. The process involves complex mathematical formulas and computations. You need a lawyer to help ensure you do not get assigned a higher percentage of fault in the accident than your actual responsibility. Generally, you will get compensation for the accident if you did not contribute more to the accident than the other party. Your lawyer will help organize the evidence to prove that the other party was the main contributor to the accident.
Assuming the Risk
The other defense you can formulate is stating that the other party willfully participated in an activity knowing its possible consequences. It is a common defense when being held liable for sports-related injuries. For example, if you are playing a game of tennis at the local club, you assume the risk that you might fall and break your hand. On the other hand, if something dropped on you during the game, the other party cannot argue the assumption of risk because naturally, things do not fall on you when playing.
These are some defenses you can formulate to argue your personal injury claim. A competent personal injury lawyer can help you create a case that will maximize your chances of getting compensated.
Contact a law firm like the Law Office of Robert Karwin to learn more.
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