Personal Injury Lawyers in Waterdown can get a larger amount of compensation for their clients, than the same clients could have acquired by pursuing their case on their own. Experience has allowed an attorney to learn and prepare for the arguments that would typically get used by defense lawyers, during a personal injury case.
Does the plaintiff bear some responsibility for the accident?
Did some action by the plaintiff help to cause the accident? Did the plaintiff’s failure to take a certain action act to allow the accident’s occurrence? If the answer to either question is “yes,” then the plaintiff is partly to blame for the fact that the injury-causing accident took place.
Did the plaintiff assume a known risk, when taking the action that preceded the accident’s occurrence?
A defense team is most apt to use that argument, if the plaintiff got injured while taking part in some sort of sports activity. Some facility that let customers enjoy some aspect of a sporting activity frequently has the customer sign a document that demonstrates an awareness of the associated risks.
Still, that document only pertains to accidents that resulted from a mishap that was caused by a known risk. However, the same document does not cover all types of accidents. Those accidents that have no relation to a known risk can cause an injury for which the involved business could be blamed.
For instance, suppose someone were to visit a facility where customers engaged in archery practice. Then imagine what would happen if one of the customers left a bow on the floor, and another customer tripped on it. If that tripping accident were to cause an injury, it could not be associated with a known risk. Hence, in that case, the facility owner could be held liable.
Failure to mitigate the effects of the injury
Any injury could get worse over time, if it has not been treated. Insurance companies are aware of that fact. For that reason, all claimants are expected to take steps to mitigate an injury’s effects, in the hours following the harmful accident.
Suppose, however, that an injured victim delays making a visit to a doctor, a hospital of a clinic. That victim’s lack of action could cause the injury to get worse. As a result, the insurance company would become responsible for treatment of an aggravated condition. In that case, the injury’s worsened condition was not caused by an accident. Instead, it was caused by failure on the claimant’s part to undertake a certain required action. Insurance companies refuse to pay for the treatment of an aggravated injury. Hence, the claimant’s failure results in a reduction in the size of the anticipated award for the injured victim.