Thursday, August 9, 2012
You were involved in an accident and suffered serious injury because of somebody else's carelessness. You decide to bring a lawsuit and are shocked when the defense says they are not responsible because you assumed the risk of injury.
Can they get away with that?
Assumption of risk is a significant defense that insurance companies and the people who are sued often raise. It is a legitimate defense as long as there are facts to support such a claim.
A jury will have to decide whether the people you have sued were careless and caused your injuries. At the same time, if you were engaged in a dangerous activity and the defense has raised this possibility that your injuries were caused by your own carelessness and that you assumed and took responsibility for your actions, then the jury will have to weigh that and come to its own conclusion about who, if anyone, is responsible for your injury.
If you engaged in a dangerous activity knowingly and willingly, a jury may find that you were totally at fault or partially at fault for your own injuries.
Watch the video to learn more.
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at firstname.lastname@example.org. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021