When you file a claim for personal injury, it is generally because you feel that someone else’s negligence led to your being injured. While the case may seem clear-cut to you, if your case makes it to court, the defendant can use a few different defenses to fight the claim.
Personal Injury Basis
The basis of all personal injury cases in Las Vegas and elsewhere is proof of negligence, which is simply providing evidence that someone acted irresponsibly and caused your injury. This is often referred to as the responsible party not exercising a reasonable standard of care. This can include both action and inaction, depending on the case at hand. As someone who has filed a personal injury case, it is your responsibility to prove that this was what occurred in your case. Of course, the defendant will try to deny that negligence in an effort to either win the case entirely, or lessen the amount of damages that he or she will be required to pay.
Las Vegas employs the modified comparative fault doctrine, or shared fault, in personal injury cases. With shared fault, if your actions played a role in your injuries as well, you will be assigned a percentage of fault in the accident. If the court finds that you were 30% at fault, you will only be able to collect 70% of the total damages. If it is found that you were 50% at fault or more, you will no longer be able to collect any damages in the case.
Assumption of risk is one way in which the defendant will attempt to eliminate or lessen the amount owed due to your injury. This defense is used in situations where injuries occur due to a dangerous activity. The defendant will claim that while he or she may have been responsible for providing the activity, you knew there were risks involved if you chose to take part in it. If the other party can successfully prove that you were aware of the potential danger from the activity, then he or she will typically not be required to pay any damages in the case.
When it comes to a personal injury case that is going before a judge, it is very important that you speak with an attorney about your case. The defendant will likely try to employ one of these arguments in order to minimize or completely eliminate any responsibility in your injuries. While it may seem relatively cut and dried to you, you can be sure that his or her attorney will do everything possible to change the outcome of the case.
Hiring a Las Vegas attorney doesn’t have to be difficult; all you need to do is locate one that handles personal injury cases. If possible, you should always do your research to find out how successful the attorney you are interested in hiring has been in other cases. While this may seem like extra work, if you want to ensure the best potential for success in your Las Vegas personal injury case, an attorney is a smart decision.