Affirmative defenses are defenses raised by people who are claimed to be responsible for an injury to avoid responsibility.
Affirmative defenses could impact either the settlement value of a case or the likely verdict value of the case if the case went to trial. With the help of an experienced Camden County injury attorney, a person can understand the affirmative defenses that are available that could undermine their claim and make an educated and informed judgment as to whether or not to resolve a case or go to a verdict.
Assumption of Risk
Assumption of risk is a legal concept where somebody who is claiming injury is alleged to have assumed that risk of injury based on the activity in which they were participating. Using something they knew was dangerous is considered an assumption of risk. There are some activities that are considered inherently dangerous, and if somebody is injured, they are said to have assumed the risk under the law. Since every case is unique, it is a complicated analysis, which is why an attorney should be consulted.
Elements of Proof
For somebody to be deemed to have assumed the risk, depending on the facts or circumstances, it will have to be shown that they knew and appreciated the risk that they undertook. It is a fact-sensitive analysis that needs to be done on a case by case basis with the assistance of an experienced lawyer.
A Lawyer’s Role
A personal injury lawyer may be able to show that a person was not aware of the risk or the degree of risk in which they were involved, which would be a defense against the assumption of risk claim.
Every case is unique, and depending on the issues of the case, a defense may be raised that the individual assumed the risk. Only with the understanding of the specific facts of the case can that analysis be done.
Prima facie means on its face. This has to do with issues under the law where certain evidentiary thresholds must be met in order to proceed. The way the phrase is used is that an individual needs to have prima facie evidence of and whatever the issue may be, and that would be some evidence in order to support whatever claim the individual is making.
Role in a Claim
Prima facie applies to a personal injury claim as some elements require development in order to put a claim in front of a jury. Some types of damages require prima facie evidence or some degree of evidence to pursue that element of a claim.
Benefit of a Lawyer
A lawyer establishes a prima facie by the diligent collection of evidence with respect to both liability and damages. They can gather documents, photographs, and whatever other information is necessary to prove a case.