You should be entitled to compensation if you were hurt in an accident that was not your fault. However, the at-fault party (and their insurance company) are unlikely to give up without a battle and deliver this recompense. They may try to argue that you caused your own injuries in order to avoid paying you the compensation you deserve. They would not be held accountable if this were true.
There are three legal concepts that can be used to defend against a personal injury claim based on the plaintiff’s own injuries. Keep reading to learn about them and then contact The Law Offices of Larry H. Parker at 800-333-0000 if you require a free legal consultation.
Claiming contributory negligence
Contributory negligence refers to a situation in which the plaintiff was solely responsible for their own accident. This form of negligence is common in slip and fall accident cases where a danger exists on the property but the injured party should have been able to avoid it if they had exercised the care that any reasonable person would have exercised.
It is not the property owner’s fault if someone slips on a wet floor because they were looking at their phone and didn’t notice the “wet floor” warning signs. The accident victim would be deemed to be at fault for their own misfortune.
In California, more than one party can be held accountable for an accident. This is known as comparative negligence. This frequently occurs in vehicle accidents involving numerous careless drivers. For instance, two automobiles may have collided at a crosswalk because one was speeding and the other had run a red light.
Both drivers would be held responsible in this instance. They wouldn’t be able to seek full compensation; instead, they’d be limited to a lesser amount of damages based on how much their own carelessness contributed to the tragedy.
Failure to minimize damages
Failing to seek medical attention and follow the doctor’s directions after an accident might exacerbate the initial injuries. When this happens, the defense might claim that they are not responsible for the increasing symptoms or the pain and suffering that comes with them.
To protect your rights, you’ll need an experienced attorney
You need an expert personal injury attorney on your side if you are accused of creating, contributing to, or exacerbating your injuries in any sort of accident. Larry H. Parker of The Law Offices of Larry H. Parker can assist you. We can handle a wide range of accident claims, including vehicle accidents, premise accidents, and product liability cases, among others. We’re available for you 24 hours a day, 7 days a week, so please don’t hesitate to contact 800-333-0000 if you want assistance.