Personal injury lawsuits are among the most filed charges in courts. These range from medical malpractice, slip and fall accidents, defamation, assault, and road accidents. There might be times you might be the defendant in a case.
Proving your innocence is tricky and getting a personal injury attorney from a Lynwood firm to help you is essential. The lawyer can recommend several defenses to help you win the case.
Here are some of these defenses.
Assumption of Risk
This is a defense in which you can prove that the plaintiff was aware of the risk associated with a particular act but still committed it. The plaintiff should be mindful of the danger associated with his or her actions for this defense to work. An assumption of risk negates a defendant’s liability.
If for instance a customer ignored a wet floor sign and suffered a slip and fall, then the property owner is not responsible for his or her injuries.
This defense names the plaintiff as having been at fault for the injuries sustained. The defendant should prove that the plaintiff failed to exercise some duties for his/her safety and this caused the injuries sustained.
If, for example, a man failed to take medication as prescribed by the doctor and suffered grave consequences, he cannot sue the doctor for negligence.
This defense limits the amount of compensation you have to pay the plaintiff. It places some percentage of fault on the plaintiff and reduces the compensation based on this percentage. In case the plaintiff’s fault is higher than yours, then he or she receives no payment.
Personal injury cases have a significant impact on corporations. They can hurt your company’s image and reduce your profits and clients. For individuals, a personal injury case makes you a risky insurance client and increases your premiums.
Winning the case is hence imperative for both individuals and businesses.