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What should you know about personal injury defense?
When someone gets sued for an injury, there are several defenses they can use to protect themselves. Learning about these defenses helps in knowing what to expect in court. It’s essential for anyone involved in such cases.
Keep reading to explore the types of claims and common defenses used in court.
Negligence
Negligence happens when someone does not take proper care and another person gets hurt because of it. To establish negligence in court, the injured party must demonstrate that the other individual had a responsibility to exercise care, failed to fulfill that responsibility, and consequently caused harm.
For example, if a driver is texting while driving, they are not paying attention to the road, which can lead to an accident. Some law firms, like The Hartman Law Firm, LLC, specialize in handling these types of cases. Knowing about negligence is vital for understanding how personal injury cases work.
Assumption of Risk
Assumption of risk is a defense used when the injured person knew that there was a chance they could get hurt but still chose to take the risk. This means that if you decide to do something risky, you can’t blame someone else if you get injured.
For example, if you go to a baseball game, you know there is a chance that a ball could hit you. If you get hit by a ball, you can’t sue the stadium because you know the risk. If this happens to you, you’ll need to get in touch with an attorney for injury cases for assistance.
Comparative Fault
Comparative fault happens when both the injured person and the other person share some blame for the injury. In this case, the court will decide how much each person is at fault. Then, they will adjust the amount of money the injured person can get based on their share of the blame.
For example, if someone is jaywalking and gets hit by a car, both might be responsible. If the court says the jaywalker is 30% at fault, they will get 70% of the money for their injuries instead of the full amount.
Statute of Limitations
The statute of limitations is the time limit you have to file a lawsuit after getting injured. This means if you wait too long, you might not be able to go to court.
Each type of injury has its time limit, and it can be different in each state. For example, some states give you two years to file a car accident claim, but only one year for a slip and fall. To know more about how to take advantage of this, do get in touch with a personal injury lawyer.
Intentional Torts
Intentional torts happen when someone hurts another person on purpose. It’s not about being careless, but about doing something wrong with intent. Some common examples are assault, battery, and fraud.
For instance, if someone punches you in the face, that is assault. If someone lies to you to make you give them money, that is fraud. In court, the injured person must prove that the wrongdoer meant to harm.
Know the Right Approach to Personal Injury Defense
Understanding personal injury defense is crucial for anyone dealing with an injury lawsuit. Every case is unique, but grasping the basics can make the process more manageable.
Always seek professional advice to navigate your specific situation. Personal injury defense can be complex, but you’re not alone.
We hope you found this article helpful. Keep reading our blog for more helpful tips and advice.
