Learning The Defense Tactics From The Injury Lawyer In Mississauga

When filing the personal injury claim, you must have an extensive discussion with your lawyer. You will get to know what types of arguments are expected from the defense lawyer. And, if someone has filed a personal injury lawsuit against you, then you have to be conversant with the defense strategies. The lawyer will help you to know about the defensive tactics that can save you from unnecessary harassment.

Determining the fault

When someone files the lawsuit for injury claims, the first argument that your Injury Lawyer in Mississauga will put up is whether the plaintiff himself or herself was at fault for the accident or the following injuries. If the person who is starting the lawsuit is found to be partially responsible for the crash, then it will affect the compensation too. In such cases, the lawyer might advise you to settle the case out of the court so that you don't have to go through the never-ending procedure of trials. But you can avail this option only when you are pretty sure that the opponent was at fault too. Even if you are unsure about the role of the plaintiff, then it's better not to try settlement outside the court.

Degree of damages

If you have been the primary factor for causing the accident, but you have suffered more injuries, then the case can turn out to be more interesting. Your Injury Lawyer in Mississauga will request the court to investigate more about the accident. Apparently, the plaintiff claimed that you have broken the traffic law and caused the accident. But on further investigation, it was revealed that the person claiming was the one who did not notice the change of traffic signal due to unmindful nature and caused the accident leading to the damage of your car. The case will turn completely with such a revelation.

Comparative negligence

Most of the cases follow the strategy of comparing the negligence levels of both the parties. If in an accident, you have been 25% at fault while the other driver is 75% at fault, then even if your Injury Lawyer in Mississauga starts a lawsuit, your compensation will get a reduction of 25% as it is regarded as your fault. On the other hand, the opponent can use this tactic as a defense mechanism to lower the amount which the party has to pay as a part of compensation.

Risk assumption

In some cases, your Injury Lawyer in Mississauga can argue that the person starting the lawsuit has an assumption about the risk involved in participating in a particular activity. The injured person continued with the act even after knowing well that it can injure the person. Such defense tactics are typical for contact sports like basketball and football as well as for spectator injuries. A key point about the success of such a defense is to prove that the damage has a close relation to the risk involved in that particular activity. Any injury caused by some other event will no be considered under the theory of risk assumption. For more information visit Our Website