Personal injury compensation claims can be made for accidents that happen in a variety of different ways. For example, you may be able to make a claim if you’re injured in a car accident, at work, or even if you slip and fall in a public place.
Many different types of insurance can cover you in the event of a personal injury, such as public liability insurance or motor vehicle insurance. There are a few different ways that somebody can be exempt from liability, even if they are at fault. This includes if they can prove that someone else is more at fault, if the damage was caused by an act of god, or if the other person was also at fault. This blog post will shed light on the possible defences that may be used in this case.
Defences That May Be Used in a Personal Injuries Claim
1 – Time Limit Expired
The first defence that may be used in a personal injury claim is that the time limit has expired. In most cases, you have three years to make a claim from the date of the accident. You must make a claim within this time frame to be able to receive compensation.
2 – Causation
The second defence that may be used in a personal injury claim is causation. Causation means that the accident must have been the cause of the injuries. If the injuries were caused by something else, such as a pre-existing condition, then the other party may not be liable.
3 – Contributory Negligence
Contributory negligence is another defence that may be used. This means that if the injured person was also at fault for the accident, then their compensation may be reduced. For example, if someone is injured in a car accident and it is found that they were not wearing a seatbelt, then their compensation may be reduced by 25%.
4 – Victim’s Conduct
The victim’s conduct can also be a usable defence. Victim’s conduct means that if the victim was doing something that contributed to the accident, then they may not be able to receive full compensation. For example, if someone is injured in a car accident and it is found that they were speeding, their compensation may be reduced.
5 – Assumption of Risk
Assuming risk is a defence that may be used in a personal injury claim if the victim knew that there was a risk of injury and still chose to participate in the activity. This defence may be used if the victim was aware of the risks involved and still decided to proceed with the activity. For example, if the victim knew that there was a risk of being injured in a car accident but still decided to drive, then the victim may not be able to receive compensation if they are injured in an accident.
6 – Comparative Negligence
Comparative negligence is a defence that may be used if the victim was partially at fault for the accident. This means that if the victim was found to be even partially responsible for the accident, any damages awarded might be reduced by the percentage that they are found to be at fault. For example, if a victim is found to be 20% at fault for an accident, any damages that they are awarded may be reduced by 20%.
It should be noted that comparative negligence is not a complete defence to a personal injury claim. Even if the victim is found to be partially at fault for the accident, the defendant will still be liable for any damages that they caused. However, the damages that the victim may be awarded may be reduced depending on the victim’s degree of fault.
If you have been involved in an accident and you are not sure about how to proceed, it is important to speak to a personal injury lawyer. They will be able to assess your case and advise you on the best course of action.
Been in an accident and made a claim? Start the conversation with the injury lawyers in Perth at D’Angelo Legal. We are a 15-year-old full-service law firm committed to providing our clients with solutions to resolve their legal challenges.