Personal injury claims are some of the most common liability claims being filed. Anyone who has suffered injury at the suspected negligence of another has the right to file suit against the supposed at-fault party. Whether or not the claim is closed in favor of the injured party will be determined by how sturdy a defense the other party’s legal team presented. There are mainly two types of defense that is used in personal injury claims. Was the defendant a direct cause of the injury? Is he/she really at-fault? Also, were there any errors on the part of the plaintiff? How soon did he/she seek medical attention? How timely was the filing of the claim? There are multiple factors that play a part in determining these two lines of defense.
The first thing that a plaintiff will do is try to prove negligence on the part of the defendant. It may be decided that the defendant is partially at-fault with the defendant also having a hand in the cause. Or, the defendant could be found at-fault for 100% of the accident. Either way fault must be proven. This can occur in a courtroom after a trial or right away if the two parties can reach a settlement agreement. There are two types of negligence when determining fault: comparative negligence and contributory negligence. Comparative negligence uses a formula to determine the degree of fault on both sides thus determining the amount of benefits to be awarded. Contributory negligence can mean that if the injured party shares any responsibility for the accident whatsoever they are not eligible to receive benefits from their personal injury claim.
A common defense used in personal injury claims is assumption of risk. This basically means that the injured party was aware of the risks of the activity that lead to their injury and they chose to participate anyway. If the defense can prove that the injury sustained was directly related to the specific risk involved with the activity than they have a pretty solid case against the personal injury claim. If such a thing is proven then more often than not the plaintiff will not be awarded benefits in their claim. However, they could win partial benefits. It all depends on what is decided legally as to how the claim will play out. Thus, working with an experienced lawyer is very important as they understand all aspects of it. The lawyers will be able to assist you better with your requirements.
Personal injury claims can become difficult and convoluted easily. There are a lot of details that must be covered before a final decision can be reached. It is important to document as much as possible for both parties involved. Also, if the case is handle within a court expect it to take some time to reach resolution as everything will be thoroughly discussed and decided upon.
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