If you are pursuing a personal injury claim, there are a few defenses that you should expect to come up against because they are common with defendants. Here are some of the defenses and what you can do to overcome them:
You Assumed the Risk of the Injury
If you knew the risk beforehand but still participated in the dangerous activity, the court will consider you have assumed the risk of whatever caused your accident. This is particularly true with inherently dangerous activities that you should know are dangerous. For example, you know that playing a contact sport is dangerous because you can end up with an accidental injury. Therefore, if you are injured while playing basketball with a neighbor, the neighbor may defend themselves by claiming that you knew the risks of the game but still played.
There are several ways you might be able to overcome this defense depending on the circumstances of your injury. For example, this defense only applies to accidental injuries that are closely related to the activity you were participating in. Therefore, if the neighbor with whom you were playing basketball intentionally punches you in the eye, you retain the right to file an intentional tort against them. After all, you couldn't have assumed playing basketball would mean a punch to the face, and therefore it wasn't a known risk.
You Contributed to the Accident
Another common defense is that the victim also contributed to the accident. Depending on different factors such as the laws of your state and the extent of your contribution to the accident, you may lose your right to compensation or have your compensation reduced if this defense succeeds.
For example, if you are pursuing a slip and fall accident, the defendant can argue that you contributed to the accident because you were looking at your phone at the time. You will still be able to get your compensation if you have evidence that eliminates or overrules your contribution to the accident.
You Failed to Mitigate Your Damages
Lastly, failure to mitigate damages is also a common defense in a personal injury case. The law requires injury victims take measures to avoid further injuries or damages other than those originally caused by the accident. If this defense is successful, then you will only be compensated for the initial injuries and not those that arose due to your negligence.
Here, the best thing you can do is to mitigate your damages as much as possible. In most cases, this means getting prompt medical care and adhering to your doctor's instructions as much as possible. You may also be able to help your case if you can prove that your failure to mitigate the damages didn't add much to your overall damages. For more information, contact a company like Jack W Hanemann, P.S.Share