If you are filing a personal injury lawsuit, or if you are considering this option, then it is vital to understand how someone could try to fight against your claim. For example, the defendant may try to prove that you are partly at fault for the accident that injured you. Depending on the state, a defendant might try to prove comparative or contributory negligence. If they can prove either type of negligence, then this could weaken your claim, or ruin it altogether. But if you understand the possible arguments against your claim, you can be prepared in advance. Read on to understand a couple of the main defenses that could be used against you.

Comparative Negligence

This is something that most states will operate by. What "comparative negligence" basically means is that for however much you are at fault for an accident, this could be deducted from your compensation. A car accident is a good illustration. Perhaps you were 25 percent at fault, while the other motorist has 75 percent of the liability. How would this percentage be determined? This will usually come down to police reports and what insurance adjusters come up with, though lawyers can sometimes influence this assigning of liability too. At any rate, let's say that you file a personal injury claim. If you sustained $20,000 in damages, then you are only eligible to get back $15,000. That would be a simple instance of comparative negligence at work.

There might be further principles affecting your case, however. There is a difference between "pure comparative negligence" and "modified comparative negligence". "Pure comparative" means that the plaintiff (the person who filed the claim) can get compensation in any case where they are not 100 percent at fault. This means in theory that if an injured person is 99 percent at fault, they could still collect compensation. If "modified comparative" negligence is what a court recognizes, then this means a plaintiff can only receive compensation if he or she is 50 percent (or in some states 49 percent) liable.

If a defendant can prove comparative negligence, say, in a personal injury trial, then this does not end your right to compensation. It can diminish the amount you receive though. You want to make sure that you do not get mistakenly assigned more blame than is fair. In this way, you may be able to get the compensation that you truly deserve.

Contributory Negligence

This will kill your case. You cannot afford for a defendant to be able to establish contributory negligence. Fortunately, this can only happen in a few states, such as Alabama, Maryland, North Carolina, and Virginia. If the state you file in recognizes contributory negligence, then this means that to collect compensation, you have to be 0 percent at fault for an accident. Even if the defendant is 99 percent liable for your injury, any fault on your part would disqualify you from getting the compensation that you deserve. If you need to file a personal injury case in such a state, then you absolutely have to find the best personal injury lawyer possible.

These are just a couple of the complex issues with which you could be faced if you file a personal injury lawsuit. With expert legal help on your side, you can determine which statutes apply in the state where you file, and you can find out how strong your personal injury case is. In order to get the full compensation that you and your family are entitled to, get an experienced personal injury lawyer on your side today.