Effective Defenses for Personal Injury Cases

man fell from the ladder

Over one million people face a personal injury case annually. While you take maximum care to prevent hurting others, accidents are, at times, inevitable. Unfortunately, you might find yourself on the defense for a role in someone’s injury.

This is not a charge you should take lightly. A personal injury attorney in Kent is your best bet towards an acquittal. Here are some defenses your attorney might recommend for your case.

Contributory Negligence

This defense aims to place blame on the plaintiff for the injuries he or she sustained. An employee, for instance, can be found to have contributed to a workplace injury if he or she did not use the available protective gear. The “last clear chance” is one exception to this defense. The plaintiff might use it to show that you could have averted the injury by observing ordinary mindfulness.

Comparative Negligence

This transfers a portion of the injury’s blame to the plaintiff. Different states have various laws concerning comparative negligence. Pure comparative negligence negates compensation if the plaintiff is found to have any degree of fault in the injury’s causation. For slight-gross negligence, a plaintiff will recover compensation if the defendant was grossly negligent. For modified negligence, you will only pay compensation if the plaintiff’s fault is equal to or less than yours.

Assumption of Risk

The objective of this defense is to show that the petitioner deliberately put him or herself in harm. To apply the assumption of risk to your case, the plaintiff should have been fully informed of the risk of his or her actions. This defense does not cover unidentified and additional dangers.

These defenses require tact to work in your favor. With a good attorney, however, you can be sure they will be well applied to get you off the hook. Regardless of your case’s perceived magnitude and worth, always get an attorney to handle it.