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Personal Injury Isn’t Perfect

by jmachie on August 25, 2013

Personal injury is an area of the law that serves the victims of accidents that occurred as a result of someone else’s negligence. There are many procedures involved in reaching a settlement, which is the end of every personal injury lawsuit and the reason why it is filed in the first place.

Why?

Well, a settlement can help a plaintiff recover medical bills, lost wages, and other costs associated with their accident.

Nevertheless, the procedures involved in reaching a settlement are all a great chance to get the plaintiff the amount in damages they need, but generally getting the needed amount will only happen if a plaintiff gets the lawyer they need, one who is competent, capable, and compassionate.

However, just like personal injury law isn’t perfect, personal injury lawyers aren’t perfect, either. Let’s take a look at what plaintiffs need to know about personal injury law and personal injury lawyers before, during, and after their personal injury lawsuit in order to be aware of the imperfections and problems that might and can arise.

Personal Injury Law Isn’t Perfect

There is no absolute way to win a case. In fact, there are many defenses available to defendants. These defenses are generally related to the plaintiff’s part in being a reason why the accident happened.

However, things like age, youth, are illness are generally not factors considered in this analysis. Defendants have to take their plaintiffs as they find them, which is known as the eggshell doctrine.

But, let’s take a look at the defenses closer:

  • Comparative Negligence — You only get damages based on the percentage of the defendant’s fault in causing the accident.

  • Contributory Negligence — If you are found to have caused the accident at all, then you are barred from recovering damages.

  • Assumption of Risk — Doing something you knew was dangerous, such as contact and extreme sports.

As seen, some of these defenses can poke big holes into your personal injury lawsuit, even taking the air out of it altogether.

Personal Injury Lawyers Aren’t Perfect, Either

Well, these are the defenses to your personal injury lawsuit, and they are defenses your personal injury lawyer should consider when determining the strengths and weaknesses of your case, but they might not always think about them.

Why?

Well, your personal injury lawyers wants to get you the settlement you need, which can lead to overconfidence and oversight, especially if they are inexperienced. So, be sure to research your personal injury lawyers before you pick the one who will be right for you.

Jennifer Machie writes for The Kyle Law Firm.

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