Personal injury suits involve a business or a person causing injury to someone else. Some of the common injuries include product liability suits, car accidents, slipping and falling in a store parking lot, medical malpractice and several other types of injuries. During these cases, you need someone who is an expert in personal injury defense law to help you get the right compensation for your injury based on the law.
The settlement process can get complicated once a lawyer gets into the picture. To negotiate and help you get the best possible deal, your lawyer needs to have a lot of legal tools and experience. Most of the personal injury cases are settled before or during the trial, but some still prefer to continue with the trial until the jury reaches their verdict.
The Role of your Insurance Company
If you are insured, there is no need for you to worry in case a personal injury suit is filed against you. Your insurance company will be the one who will hire a lawyer from the best personal injury defense law firm and pay their bills. Some defense lawyers base their entire practice on cases from an insurance company and are not available for individual cases.
Defenses your Personal Injury Defense Lawyer May Employ
To reduce the defendant and the insurance company’s liability or totally avoid paying the complainant, defense lawyer will employ the following defenses:
1. Defense of Assumption of Risk
The defense lawyer may apply the defense of assumption of risk. This means that the complainant is aware of the danger and the risk involved. In spite of this, he still behaves in a certain way that resulted in injury. If the defense lawyer was able to prove this, then the injured party is not entitled to any compensation. Usually, the assumption of the risk doctrine applies in cases where an individual is injured while engaging in a sporting event. For example, if a person breaks his leg while skiing, he cannot file a personal injury suit against the ski resort operator because he is aware that skiing is a risky sport where the injury is more likely to occur.
2. Defense of Comparative Negligence
Another popular defense is the comparative negligence. In this case, the injured individual is also partly to blame for his injuries, but the defendant is not totally relieved from his liability. This will only reduce the number of damages he needs to pay the plaintiff.
3. The Plaintiff is Already Hurt
This is another commonly applied defense tactic by personal injury defense lawyer to minimize the amount of liability. Once proven that his injuries were not actually due to the accident, the plaintiff will receive less compensation or no compensation at all.
So, the first thing that you need to do if you are being sued due to personal injury is to contact your insurance company. The role of your insurance company is to find the best personal injury defense law firm to help you deal with the situation.