Personal Injury Lawyer Calgary 28

Arguments of Personal Injury Lawyer In Calgary To Consider In Personal Injury Cases

Defense or arguments form the sole basis of every personal injury claim. Be it the plaintiff or the defendant both wish to have the personal injury case in their flavor. It is essential to be aware of the different arguments presented so as to avoid liability in the case of defendants, and to win the desired claim in the case of plaintiff. Personal Injury Lawyer in Calgary addresses some important arguments to be aware of in a personal injury case.

Plaintiff's Role in Road Accident

One of the first arguments heard in case of personal injury claim is that the plaintiff was at fault for the accident caused. If you happen to be the plaintiff at fault, it can affect the monetary compensation that you would be receiving in case of a road accident.

The extent to which your culpability may influence the claimable sum or the possibility that your recovery could be banned entirely is determined by the 'negligence standard' prevalent in your state. Likewise, Personal Injury Lawyer in Calgary knows that if you knowingly engaged in a harmful activity and got injured as a result, your compensation may get dismissed.

Comparative Negligence System

'Comparative negligence' rule is the most popular rule followed by most states. Under this, the damages are calculated by taking into consideration the degree of fault of all parties involved in an accident. However, comparative negligence rule is not uniform across all states. Some use 'pure comparative negligence' rule while others use 'modified comparative negligence system'.

Personal Injury Lawyer in Calgary is aware that under the 'pure negligence' system, plaintiffs can recover claims irrespective of their share of fault. Whereas, under the 'modified negligence' system, recovery can only be done if the plaintiff's fault is below 50 percent.

Contributory Negligence-The Stringent System

'Contributory Negligence' system, though not very popular, is a stringent one. Under this, victims who share any degree of guilt for an accident are normally banned from seeking compensation through a personal injury lawsuit. This means that if you are found to be at fault (even if it is just 5%), you may be not eligible to receive any monetary compensation under this system.

Risk Assumption- Boon for Defendants

If a plaintiff intentionally engages in risky actions that are likely to result in accidents, the defendant may argue that the injured person "assumed the risk of being injured," and knowingly entered into such activities. So, monetary compensations must be denied.

This is mostly popular in sports like football, basketball etc.

One of the most important aspects of a successful 'assumption of risk' argument is that the harm suffered must be directly related to the risk involved in the action. This indicates that in circumstances where there is an inherent danger, a defendant cannot argue that the plaintiff's compensation should be dismissed on the basis of 'assumption of risk.' For more information visit here: BILAB Personal Injury Lawyer