Whether you’re driving to work or in the stadium watching your favorite team, a personal injury case can develop when you least expect it. However, obtaining compensation for your injuries isn’t always as easy as it should be. To avoid paying, the defendant may use the following defense strategies.

The Plaintiff Was Partly at Fault

In some cases, the defendant might be able to avoid compensating the injured party by proving that they were partly to blame for the accident. This could affect the lawsuit at the very beginning of an out-of-court settlement or at the end of a trial through the findings of the jury. While the plaintiff’s fault in the situation may prevent them from getting any compensation at all, it could also discount the compensation they do receive. 

States that operate under the comparative negligence standard will simply treat the division of fault as a percentage—for example, while the defendant is 70% to blame, the plaintiff is 30% at fault. In this case, they would only receive 70% of the total damages they were claiming. However, if the plaintiff was at all to blame, they wouldn’t receive any compensation in a contributory negligence state.

The Plaintiff Assumed the Risk

If the accident occurred while the plaintiff was engaging in an activity with known safety hazards, the defendant might use the “assumption of the risk” defense. For example, people headed to a paintball tournament, a surfing competition, or a football game know there’s a chance they could get hit, knocked over, or wiped out and experience injuries as a result. Therefore, the defendant argues that the plaintiff assumed these risks when they took part in the activity, so they should not receive compensation for their injuries. However, the nature of the injury itself plays a major role; if one of the bleachers broke at the football game and injured the spectator, they would not have been prepared for this type of harm and should be entitled to compensation. 

If you’re confused about personal injury cases and want clarification from a respected attorney, turn to Neimark & Neimark, serving Orange and Rockland counties in New York. They have over 40 years of experience helping area residents receive the compensation they deserve. Whether you were harmed in a car accident or by a medical professional, call them at (888) 725-7424 to schedule a free consultation. You can also visit their website to learn more about their personal injury attorneys.