When you are filing a personal injury claim against someone else, the last thing on your mind is likely your own defense in the situation. However, the insurance company involved that you are filing with will likely not hear your side of the story and accept the number you ask for on the first go. Instead, you need to anticipate the arguments that the other party will come up with so that you can have the right defense prepared. Attorneys know that filing a personal injury claim may seem quick and easy at first. However, just because you might not be responsible does not mean the other party won’t come back at you with accusations. To see how an attorney can begin anticipating their arguments, please reach out to a law office today.
What if I was partially at fault?
It is not surprising when you file a personal injury claim against someone else that they will immediately come back saying “yes, but they’re at fault, too!” This can help to cause doubt about their responsibility for the accident and can hurt the amount of compensation you get. It is important to note that if you are partially at fault for the accident, it is possible that the amount of compensation the insurance company awards you with will be lowered. For example, if you were in a situation where you became injured but you knew you were in a dangerous or harmful area, the insurer could say that you knew of the risk involved. They could offer a very low amount of compensation or they may deny it altogether. Common times that the “assumption of risk” arguments are brought up are when a person is involved in some type of sport.
Is there a defense to an assumption of risk?
Yes, even if you had assumed a certain amount of risk while participating in an activity, that cannot account for all types of harm or injury. For example, if you were at a baseball game and you got hit in the head by a stray ball, an insurer would probably say that you assumed that type of risk by being at a baseball game. On the other hand, if one of the players came up to the stands and broke your arm with a baseball bat, this is not the same type of injury you can expect from a game. When this happens, the accident was not your fault.
What is comparative negligence?
Even if you are found to be partially at fault for the accident, you lawyer can still argue that you deserve a fair amount of compensation for your injuries. If your injuries are found to be 80% the fault of the other party and 20% your fault, you could expect your compensation to be reduced by 20%.
For more information on arguments regarding personal injury cases, please call a law firm today.