Personal Injury compensation claims can be made for accidents that happen in a variety of ways including car accidents, injuries at work, or injuries that occur 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.
When it comes to Personal Injury claims, there are a few different ways that somebody can be exempt from liability, even if they are 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 Injury Claim
1 – Time Limit Expired
The first defence that may be used in a Personal Injury claim is the expiry of the time limit. In most cases, you have three years to make a claim from the date of the accident, in which time, you must make your claim 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 in a Personal Injury claim. 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 in a Personal Injury claim. 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 – Obvious Risk
An obvious 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.
Conclusion
If you have been involved in an accident and lodged a claim but 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.
Have you been involved 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.