Defenses In A Personal Injury Case With Personal Injury Lawyer In Camrose

When you have been in an accident and are looking to file a personal injury lawsuit or claim with the help of your personal injury lawyer in Camrose, you would probably also need to know about the kind of defenses the other side can come up with to counter your claim. Anticipating ahead about the defenses of the other side can help you become better prepared with your claim and can really go a long way in winning you the claim.

When a plaintiff in a personal injury case files a claim with the help of a personal injury lawyer in Camrose, the first argument that generally come from the side of the defendant is that the victim are themselves to be blamed for the mishap and the injuries sustained in the mishap. In case as a plaintiff you had no role to play in the mishap, your lawyer would be able to prove the same with the available evidence and also with the help of the eye witnesses. However, in case you are also partly to be blamed for the accident, the compensation that you would receive for the claim would be directly impacted by your involvement. The degree to which your compensation would be impacted by your liability and the more the liability, the less would be the compensation that you receive. It is also possible that you may not receive any compensation if your involvement goes beyond a certain level.

In case you are also liable for the mishap, your compensation would be dependent on whether the state where the case has happened follows comparative negligence rule or contributory negligence rule. Your personal injury lawyer in Camrose would be able to explain it to you that the states that follow comparative negligence rule calculate the damages in a claim depending on the degree of fault of the plaintiff in the accident. In some of these states, where pure comparative negligence rule is followed, the plaintiff would not be able to recover anything if their fault goes beyond fifty percent.

On the other hand, your personal injury lawyer in Camrose would also inform you about contributory negligence and how the states following this rule decide on the compensation. In contrast to the comparative negligence, contributing negligence rule is not as forgiving to the plaintiffs. In case it is proved that the plaintiff were also liable for the injuries, they would not be able to recover any damages for their losses.

In some personal injury cases, assumption of risk also comes to play. In such cases, the defendant argues that the plaintiff was aware about the risks involved in the activity that caused the accident and still decided willfully that they wanted to participate in the activity. In case the personal injury lawyer in Camrose representing the defendant is able to prove the same, the plaintiff would not be able to recover anything. For more information visit here: BLPC AB Personal Injury Lawyer