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The pedestrian is partially liable under comparative negligence. Under the comparative negligence theory, the plaintiff can still sue the defendant for negligence. However, the defendant can raise comparative negligence as an affirmative defense. With pure comparative negligence, a plaintiff can recover damages, no matter their amount of fault in the accident. Contributory negligence is similar to comparative negligence. Under contributory negligence, the plaintiff pedestrian is still negligent for jaywalking and is therefore partially liable.
Find and connect with Washington DC's best Car Accident Lawyers. In addition , the firm represents clients in criminal, DUI, traffic, landlord and tenant, family, and . She is an expert in family law, personal injury, civil matters, and criminal defense. Injury cases handled involve car accidents, truck accidents, bus accidents. DC DUI LAWYER & CRIMINAL DEFENSE ATTORNEYS of K. Lawson Wellington is a Washington, DC defense law firm representing clients in personal injury.
However, in the rare few states that allow contributory negligence defenses, the plaintiff is completely barred from bringing the lawsuit. This is because under the contributory negligence theory, if the accident victim contributed in any small amount to the negligence that caused the accident, they cannot recover damages for their injuries. In order for a plaintiff to have standing to sue for negligence in a car accident case , he must have suffered an injury.
Thus one available defense is that the plaintiff has suffered no injury from the car accident. For instance, you and the plaintiff get into a very minor fender-bender with minimal damage. You both get out of your cars after the collision to assess the situation.
The plaintiff says he barely felt you hit him and that he feels perfectly fine. However, six months later, he is seeing a doctor for severe spinal stenosis. He then sues you, claiming the accident you caused led to him suffering severe back injuries that resulted in not only exorbitant medical expenses but the loss of his job as well.
If you can prove the plaintiff is lying about his injury, you will not be liable for the damages he is asking for.
Most jurisdictions hold that an accident victim has the duty to not make their injuries worse, also known as the duty to mitigate. Plaintiffs in injury cases who have purposefully exacerbated their injuries, or failed to seek treatment, may be barred from recovering damages, or may have their damages reduced. This would also include seeking treatment but then not following the required treatment. For example, if the physician states that a severely obese patient should lose weight so as to not aggravate a minor leg injury, but the patient does not and the injury worses.
Jonathan previously served as the lead attorney in our California office before relocating to our Maryland offices.
Theresa M. Regner : Throughout her legal career, Theresa has focused on providing compassionate legal aid to clients in the most difficult situations, primarily in the areas of civil litigation and family law while devoting her spare time to local charities.
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With motorcycle accidents, given the serious injuries involved and the unfair bias against motorcyclists held by many members of the public — having a firm that can devote the level of resources and experience that we can makes a real difference. Comparative negligence is an affirmative defense to a negligence lawsuit. Alcohol-Related Car Accidents. We bring a high level of dedication to each case and should you decide to choose our law firm — you can be certain that we will exhaust every appropriate option to obtain the results you need as well. Working with an attorney to obtain compensation is nearly as important as working with a doctor to get well. Drivers sometimes begin driving while their license is still suspended or revoked and without a valid restricted license. Our Law firm has best personal injury lawyers and attorneys in California.