If you have suffered a personal injury in Arkansas, you may be entitled to compensation for your damages. However, it is important to understand that the process of seeking compensation can be complex, and there may be a range of defenses used by the other party to avoid liability. In this article, we will outline some of the most common defenses used in Arkansas personal injury cases, along with the steps you can take to protect your legal rights.
Table of Contents
Negligence
Negligence is a common defense used in personal injury cases, and it is based on the concept that the injured party was partly or entirely at fault for the accident. Under Arkansas law, if the court finds that the plaintiff was partially responsible for their own injuries, then the damages awarded will be reduced proportionally. For instance, if the court finds that the plaintiff was 25% at fault for the accident, then the amount of damages they ultimately receive will be reduced by 25%.
It is important to note that the defense of negligence requires the defendant to demonstrate that the plaintiff failed to take reasonable care to avoid the accident or injury. However, even if the plaintiff is found to be partially at fault, they may still be entitled to receive compensation for the portion of damages that were not attributed to their own negligence.
Assumption of Risk
Another common defense in personal injury cases is the “assumption of risk” defense. This defense claims that the injured party was aware of the risks involved in a certain activity or situation and chose to participate or engage in it anyway. Under Arkansas law, if the plaintiff assumed the risk of an activity, then they cannot recover damages from the defendant.
For example, if a person participates in a high-risk activity like skydiving and suffers an injury, they may not be able to claim compensation from the company organizing the event if they signed a waiver waiving the right to sue the company.
However, for the assumption of risk defense to be successful, the defendant must demonstrate that the plaintiff was fully aware of the risk, and that they made a voluntary decision to assume that risk.
Contributory Negligence
Contributory negligence is a defense that is similar to negligence, but it argues that the plaintiff’s actions or omissions were the sole cause of the accident or injury. Under Arkansas law, if the plaintiff’s negligence contributed to their injury, then they may be barred from recovering damages.
For example, if a person is hit by a car while crossing the street outside of a designated crosswalk, they may be found to have contributed to their own injuries.
It is important to note that the defense of contributory negligence is not always successful, and factors such as the defendant’s level of negligence and the severity of the plaintiff’s injuries can also play a role in determining liability.
Comparative Negligence
Comparative negligence is the most widely used defense in personal injury cases, and it is based on the principle that both parties involved in an accident may share some degree of fault. Under Arkansas law, if the plaintiff is found to be partially responsible for an accident, then their damages will be reduced by their percentage of fault.
For example, if a person runs a red light and hits another car, but the other driver was also speeding, both parties may be found to be partially at fault for the accident. If the court determines that the plaintiff was 30% at fault, then their damages will be reduced by 30%.
Conclusion
If you have been injured in an accident in Arkansas, it is important to understand the various defenses that may be used against your claim for damages. By understanding these defenses and working with an experienced personal injury lawyer, you can protect your legal rights and maximize your chances of recovering compensation for your damages.