When you file a personal injury claim, chances are the business responsible will attempt to fight the claim. Even if you know for a fact that you are not at fault, they will attempt to prove that you were in order to deny any compensation you may be owed. What are the most common personal injury defences that may be used when your case is presented in court?
You Knew Danger Was Present
There is a legal concept called “assumption of risk.” This means that you knew the behaviour or activity was potentially dangerous and proceeded forward anyway. If this argument is accepted in court, then you will not be compensated. The defence places the blame on you for doing something risky that you knew could cause injury when you could have avoided the activity. This is a common defence that is often used in cases involving sports injuries or physical recreational activities.
The Injury Was Your Fault
If you were partly to blame for the injury, then you may face what is known as “contributory negligence.” This means that you are partly responsible. Compensation may still be paid out, but it will be reduced.
You Were Already Injured
A third defence that is commonly used is to argue that you were already injured prior to the incident. The other party will attempt to demonstrate that you already had the injury beforehand, which could limit their liability if proven to be true. This is usually done by examining medical records and testimony from physicians. A review of medical documents can go back several years prior to the incident to look for any past treatments for the injury.
Contractual Liability Limitations
Another common personal injury claim defence is a contractual liability limitation. If you signed a contract that included terms limiting the liability of the other party, then your compensation may be greatly reduced. Unfortunately, you may have signed something like this without even knowing it. For example, this type of release often appears in rental agreements for recreational and sporting equipment. By signing the agreement, you may have signed away at least a portion of the company’s liability in the event of an injury. Some circumstances may override the limitation.
Increase Your Chances of Winning a Personal Injury Claim
Navigating the legal process can be very challenging for anyone who doesn’t understand it. You need an experienced professional who is aware of common personal injury claim defences and how to overcome them. Don’t trust your ability to obtain compensation to the business or insurer responsible.
Contact our legal professionals at Carew Lawyers to discuss your personal injury claim today.
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