What can hurt your personal injury case?
Accidents or injuries resulting from negligence of another party—such as a driver, healthcare provider, property owner, or your employer—can cause permanent damages to your health and financial stability. These incidents give you the right to file a personal injury claim and hire a personal injury attorney in Arkansas that can help you win a lawsuit against the responsible party. Because of the trauma and financial burden these injuries cause for you and your family, you may be awarded damages that can help you pay for medical expenses and lost income. However, the defense team in any personal injury lawsuit will use strong strategies to defend their client and reduce their financial responsibility for your injury. It is important that you find an experienced attorney that can fight these defenses and support your claim in court.
Types of Personal Injury Cases
Personal injury lawsuits most often stem from a common core of claim types. If you or a loved one have experienced any of these types of injuries, you may be entitled to compensation:
- Injuries from a car accident
- Injuries from a car vs. pedestrian accident
- Injuries from a motorcycle accident
- Injuries from workplace accidents
- Injuries occurring within a commercial building
- Injuries from the use of a defective product or bad medication
- Injury or death as a result of medical malpractice
Defense Strategies Used by the Responsible Party
Defendants and their attorneys use defense strategies to avoid paying damages to suing parties. Understanding the common defenses will help you and your attorney prepare arguments and improve your chances of being rewarded damages for your injury. While the defense strategy used will vary from case to case, they typically fall into one or more of these four categories:
- Comparative Negligence – Following an accident or injury, the police report typically assigns fault to each party using a percentage. For example, if one party caused a car accident but the other party did not respond appropriately, the first may have been 80% at fault while the second party is 20% at fault. In Arkansas, the defense may be able to have the damages prorated based on fault assigned, which means if you were 20% at fault then you lose 20% of the award.
- Assumption of Risk – Another common defense is assumption of risk, whereby if you were participating in a certain activity in which risk is inherent (such as a surgery or dangerous job), you assumed that risk by agreeing to participate. This defense can work well in some situations, but when the injury is not associated with a risk specifically inherent to the activity, it often falls short.
- Failure to Show Causation – Defense attorneys look for the plaintiff’s failure to show causation, or failure to prove the injury was directly caused by the defendant’s negligence. Any holes in the case can make this defense very effective, which further underlines the importance of hiring a personal injury attorney in Arkansas who has a proven track record for injuries similar to yours.
- Statute of Limitations – The defense will seek out violations of the statute of limitations in every case as it can result in a quick dismissal of the suit. Statute of limitations (the amount of time a plaintiff has to file a lawsuit following an accident or injury) varies between the types of incidences, but is generally around two years. If you wait too long to file a lawsuit, your case is typically dismissed.
If you have been injured and need a personal injury attorney in Arkansas to help you file a lawsuit, contact Nolan Caddell Reynolds at 866-242-0452.