Understanding the Assumption of Risk in Personal Injury Claims

Personal injury cases can range from car accidents and assaults to medical malpractice. When you become involved in one of these incidents, you can file a claim to cover your medical bills and other losses. Still, utilizing the assumption of risk defense can significantly impact the outcome of personal injury lawsuits. Read on to learn more.

What Is Assumption of Risk?
This is a legal doctrine wherein an individual acknowledges that they participated or engaged in an activity or situation while knowing there’s a possibility of injury or harm. A successful claim may lead to a reduction or denial of compensation for the injured party. Assumption of risk may either be express or implied. Here are their differences:

• Express: This occurs when you assume the potential dangers associated with a specific activity by signing a waiver. You may encounter the express assumption of risk when participating in high-risk recreation, like rock climbing or skydiving.

What Are the Elements of Assumption of Risk?
Although the assumption of risk can be an effective defense strategy for personal injury claims, understanding its specifics is crucial to determine how valid your case is. For this, the following elements must be proven:

• The individual must have knowledge about the specific risks and potential dangers during the activity.
• The individual must have voluntarily accepted participating in the activity without coercion.
• The individual must have knowingly accepted the risks going into the activity.

That said, other factors are still considered when evaluating the assumption of risk. For instance, if you assume the dangers of an activity but the cause of the injury is due to the instructor’s fault or damaged equipment, you may still get compensated.

Talk to a Trusted Personal Injury Attorney
Learning about the assumption of risk defense is helpful should you become involved in a personal injury case. Still, navigating the complex legal aspects of these lawsuits can be difficult, so a trusted lawyer is crucial for a successful outcome. Fitch & Stahle Law Office offers reliable legal assistance in Iowa and Nebraska. Contact us today to learn more about our services or if you need an attorney for your case.