People injured in auto accidents often struggle with the insurance companies to be fairly compensated for their personal injury claims. Adjusters and their defense attorneys often argue that the personal injury victim was at least partially at fault for the car accident that caused heir injuries. This is the legal defense called “contributory negligence”. If he injured party’s driving is found by a jury to be negligent in any way, then the jury verdict can be reduced by the percentage of negligence assigned to the personal injury plaintiff. If the personal injury claimant is not represented by an experienced personal injury lawyer, then fair recoveries are unlikely.
To better understand the “contributory negligence defense”, let’s take a look at a recent personal injury lawsuit tried in Bibb County, Georgia. In the case, Cleveland Riley v. Kayron, the injured party had medical expenses totaling $61,022.91. The defense in this case argued the plaintiff was negligent by suddenly jamming on the brakes due to a tarp that had flown off another vehicle and landed in the roadway. The plaintiffs argued that the defendant failed to maintain a safe distance between the vehicles and was following too closely. It is clear that the jury at least partially accepted this “contributory negligence defense” of sudden emergency stop because they only awarded a$30,000 which didn’t even fully pay for the medical expenses let alone compensate the plaintiff for pain and suffering.
Atlanta personal injury Richard Griffin has the experience and legal skills to make sure the clients of his law firm, the Griffin Law Firm, get the great personal injury settlements they deserve. For your free consultation regarding your car accident claim, call 877-PAIN-LAW (877-724-6529).