As a business owner, keeping informed about the finer points of employment law is important. If you're getting ready to hire your first employees, you need to be sure that you understand exactly what you can and cannot do. Don't risk getting yourself into legal trouble by asking the wrong question at the interview or making an off-hand comment that's considered legally unacceptable. I created this site to give you the basics of employment law expectations. I hope that the information here helps you to understand what you should and shouldn't do as you're interviewing and hiring your first staff members.
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Common Defenses To A Personal Injury Lawsuit
Irene Robertson
Being injured can put you out of work, give you high medical bills and cause distress in your life. After you were injured, you might seek a personal injury lawsuit to collect money to help you with these hardships. If you have had an injury and are seeking compensation through a personal injury lawsuit, you should be aware of the potential defenses the other side might take against your case.
Comparative Negligence
In order to lessen the amount that is paid to you, it might be argued that you were partially at fault for whatever accident injured you. When a certain amount of fault can be placed on you, it will lessen the amount that has to be paid out. The total damages you are seeking and that are owed to you will be reduced by the amount that you are found at fault. For example, if you are seeking damages of $30,000 and you are found to be 50% at fault, you can then only receive $15,000.
Contributory Negligence
If you live in one of five states--Maryland, North Carolina, Alabama, Washington DC, or Virginia--then if the other side can prove that you were at fault for even a very small percent of your accident, then you won't receive any damages at all for your accident. This defense is often used if it isn't apparent who was totally at fault and if there might be some chance that you could be responsible for any part of your accident.
Assumption of Risk
If you had a personal injury, it might be argued that you willingly participated in an activity that injured you when you knew the risks of getting injured. In order for this defense to be used properly, the type of harm that you suffered must relate closely to the type of injury you would expect by doing this activity. For example, if you were hit by a fly ball at a baseball game, it might be argued that you assumed this risk by attending a baseball game, where fly balls are known to go into the crowd.
Talk with your accident lawyer like one from Trump & Trump about these defenses to determine whether or not the other side might be able to use any of them. This will help you get a more realistic grasp on what sort of compensation you can expect, and ensure that there are no unwanted surprises when you show up in court and the other side offers one of these defenses.
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