Defenses Encountered by an Injury Lawyer in Grand Rapids MI

by | Oct 5, 2018 | Lawyers

Personal injury claims are legal disputes that arise from an event where someone suffered harm because of another person’s actions. There are multiple types of cases, but car accidents, medical malpractice, slip and fall claims, product liability suits, and assaults are some of the most common. During a case, the at-fault party may use defense to avoid or mitigate liability. Here, potential clients will learn how an Injury Lawyer in Grand Rapids MI can defeat these defenses.

The Assumption of Risk

The assumption of risk is what is known as an affirmative defense. It arises primarily in negligence-based cases where a defendant alleges that the situation was so inherently risky that the victim was aware of the risk, but acted anyway.

For such a defense to limit or bar a plaintiff’s recovery, they must have had subjective, actual knowledge of the risks and they must have voluntarily accepted those risks before the injury occurred. A good example of such a case would be when a person walks into a store despite the presence of “Wet Floor” signs, or when a person with back problems disregards posted warnings and goes on an amusement park ride.

Comparative Negligence

The second most common defense in personal injury claims is known as comparative or non-absolute contributory negligence. The legal doctrine focuses on recovery reduction according to the plaintiff’s percentage of liability. Like many other states, Michigan follows the rule of comparative negligence, which means a plaintiff is eligible for compensation even if they’re 99% responsible for the incident.

Consult an Experienced Local Personal Injury Lawyer for Legal Counsel and Case-Specific Advice

Every personal injury claim is different. While some are relatively minor, others have lifelong, devastating consequences. If a person is involved in an event or accident that causes serious injury, they should discuss the incident’s circumstances with a knowledgeable Injury Lawyer in Grand Rapids MI. A personal injury attorney will protect the client’s legal rights and help them get the compensation to which they are entitled. To schedule a free, no-obligation consultation, call the Bleakley Law Offices P C today or visit their website.

Recent Posts



Related Posts