There are several common defense strategies in personal injury lawsuits. It is helpful to know these strategies going into your lawsuit so that you know what to expect and can receive the best possible outcome.
If your state follows the comparative negligence rule, damages are calculated based on the degree of fault for the accident. Any compensation you receive will be reduced by a determined percentage that represents your degree of fault. For example, if you were found to be 25% at fault for the accident, your total compensation will likely be reduced by 25%. The degree of fault is often determined by filed police reports or by the insurance companies for both parties.
In states that follow the contributory negligence rules, parties that are found to share any degree of fault for an accident or injury are generally barred from getting any compensation in a personal injury lawsuit. The only states that remain contributory negligence states are Alabama, Maryland, North Carolina, Virginia, and the District of Columbia.
Assumption of Risk
If you have ever had to sign a waiver to participate in an event, it is because of what is called “assumption of risk.” A waiver protects the organization of company from any potential lawsuits. However, if a waiver is not offered or signed, the defending entity can still argue “assumption of risk” in a lawsuit. In some personal injury cases, the defendant will argue that the injured person “assumed the risk” of getting injured by willfully participating in an activity that the injured person knew was dangerous. The key aspect of this argument is that the harm suffered must relate closely to the risk that’s inherent in the activity.
If you are in need of a personal injury lawyer in the New York area, please reach out to one of our experienced attorneys today. Call (212) 553-9215 to set up your free consultation today.