If you find yourself having to defend yourself, then you should be aware of some of the defenses that your lawyer will commonly apply in the personal injury claims. Your lawyer will especially follow these defenses while assessing your situation.
Even if the plaintiff does not …show more content…
Hence it is of utmost importance that you consult a competent Personal Injury Lawyer Lindsay as soon as you meet with an accident.
Factual defenses
Under this type of defense the whole claim is based on the fact as to who was at fault. But if the accident occurs in no-fault state, then the defense will basically seek to limit your liabilities. The court will follow either the contributory negligence or the comparative negligence rules.
Comparative negligence
In a personal injury case, the comparative negligence is the factual defense of your case. Your lawyer will try his/her best to see that your percentage of fault is at its minimum. Once the percentage of fault is decided, the court will decide the percentage of compensation you may have to pay.
Contributory negligence
In any personal injury case, the contributory negligence can cripple a case. If your defense Personal Injury Lawyer Lindsay can prove that the plaintiff has contributed to the accident, then the plaintiff will not get compensation.
Failure to mitigate damages
If the plaintiff has failed to take adequate steps to mitigate his/her injuries, then the compensation amount can be