- January 25, 2016
- In personal Injury
There are many factors that can affect the outcome of your personal injury case. In some cases, the “assumption of risk” defense can become an issue. Although assumption of risk is not something that all personal injury claimants need to worry about, the issue can significantly impact some claimants’ ability to recover full compensation for their resulting injuries.
This article will take a closer look at assumption of risk, what it means, and why you should understand if you have suffered a personal injury caused by the negligence of another party.
Understanding the Basics of Torts & Personal Injury
Before you can understand what assumption of risk is in a personal injury case, you need to know what a tort is. Torts are a type of lawsuit that is brought when an individual has suffered injuries or harm because another party has acted negligently or with intentional behavior.
When an individual is harmed in such a scenario, the legal system allows him or her to sue the wrongdoer to recovery monetary damages for the resulting injuries. In other words, a tort lawsuit involves an injured person, called the plaintiff, suing the wrongdoer, called the defendant.
Defending a Personal Injury Claim
In every personal injury claim, the person who is being sued is allowed to bring any valid excuses to defend the case brought against him or her. This is known as a legal defense. The defendant has the burden of proving that he or she can meet the elements of the defense.
One defense that a defendant can use to prove to defend his or her case is assumption of risk. This legal defense is one in which the defendant alleges that the plaintiff bringing the lawsuit would not have suffered any injuries if he or she had not acted improperly. Essentially, the defendant is saying that the individual claiming injuries and bringing the lawsuit did something that, at least in part, caused that individual to suffer the injuries he or she is claiming in the lawsuit.
Defending an Assumption of Risk Defense
Just because a defendant has claimed an assumption of risk legal defense, it does not mean that you are automatically going to lose your battle and be barred from recovery damages. Your experienced personal injury attorney will know how to “defend” the defendant’s legal defense and prove your case. This is reason why it is important to hire an accident attorney who had the knowledge and experience to successfully handle your claim and ensure that you recover the full monetary compensation that you deserve for your injuries.
Consult with a Personal Injury in Los Angeles
If you or a loved one has been injured in an accident that was caused by the negligent or reckless actions of another party, you may be entitled to monetary compensation. For more information or to schedule a free consultation with an experienced accident attorney in Los Angeles, call the Law Offices of Samer Habbas today at 888.848.5084.