Learn about three possible defenses that could be raised in opposition to a personal injury claim
When negligence leads to injuries, the negligent party can and should be held liable for the victim’s damages. Sometimes this is a pretty straightforward matter. For example, if a drunk driver ran up on the curb and hit a pedestrian, it would be obvious that the pedestrian had done nothing wrong and the drunk driver was entirely at fault. But in other cases it may be possible to mount a defense against accusations of negligence in order to avoid or at least limit liability for the victims’ damages.
Here are three possible legal defenses that may be used to try to defeat a personal injury claim:
The Victim Was Also Negligent
California is a comparative negligence state. This means that it is possible for more than one party to be found negligent in relation to an accident and held liable for damages according to the percentage of liability that they bear. An example of two parties being negligent might be a pedestrian who was jaywalking when they were hit by a speeding driver. In this case, the injured pedestrian can still seek compensation from the driver, but they will not receive 100 percent of this compensation because they were also negligent. Instead, if they were assigned 20 percent of the liability for the accident, they would only receive 80 percent of their compensation.
The Victim Knowingly Took a Risk
Assumption of risk is another common defense against negligence in a personal injury case. When a victim is hurt as a result of voluntarily engaging in activities that they clearly knew carried a risk of injury, they cannot receive compensation. An example might be an ATV rider who got thrown from their vehicle on a trail, or a dog groomer who got bit by a client’s pet.
Sovereign Immunity
Sovereign immunity often protects government entities from liability for injuries that are caused by government employees in the scope of their work and/or happen on government property. While this will often be raised as a defense against allegations of government negligence, there are exceptions and it may still be possible to win a personal injury case against the government.
If you have been injured in an accident and any of the following defense strategies are being used against you, you need to contact a personal injury attorney ASAP. At The Law Offices of Larry H. Parker, we can help you exercise your right to compensation under the law and make sure you receive the full and fair damages you may be entitled to. Contact us at 800-333-0000 for a free consultation.
