If there is a personal injury lawsuit stemming from a spinal cord injury, there will also be an opposing set of lawyers. These lawyers often work for an insurance company or the person who caused your accident. While your attorney argues that your injuries are the fault of the wrong doing of another, these attorneys will be attempting to defend the person your Aurora spinal cord injury lawyer is claiming is negligent. They will fight to defend that person.
Two of the more common ways a defense attorney will attempt to avoid a settlement in a spinal cord injury case is comparative/contributory negligence and assumption of risk.
Comparative/Contributory Negligence
This defense is based in the idea that the injured contributed to his or her own injury. For example, the defendant's lawyer might argue that in a car accident, the injured party was either totally or partially at fault for causing the accident. This would take blame off the person who actually caused the injury. These types of issues are what our experienced attorneys handle in the personal injury lawsuit process.
Assumption of Risk
If the spinal cord injury happened in a situation like skiing, the defense attorney (or insurance company) might argue that if someone chooses to participate in a dangerous activity, they understand they risk they are facing.