Denver Personal Injury Lawyer Explains Assumption Of Risk In A Personal Injury

So, what is actually Assumption of Risk in a Personal Injury Case? Your Denver car accident attorney is going to explain it to you well. Don’t forget to bring up this point when you get injured in an activity that you have willingly and/ or voluntarily participated in.

"Assumption Of The Risk" 

This is a legal doctrine and in certain accident or personal injury cases it may prevent you or the injured person from winning a lawsuit. In simple words, you can be prevented from getting compensated for the damages suffered by you. You can even be barred from getting an injury-related insurance settlement. The basic rationale or idea behind it is that you or the plaintiff were harmed after you already had the knowledge that you would and therefore you can't hold the defendant responsible for any damages suffered. In this case you knowingly exposed yourself to the possibility of an injury and so you may not get the compensation you deserve. 

Following Are The Two Major Types Of Assumptions Of Risk:

Express Assumption of the Risk

Your Denver Personal Injury Lawyer would tell you what it is to have agreed to "express assumption of the risk" in a personal injury case. This applies to when you have already acknowledged that you are aware of the risk of the activity before the injury even took place. This acknowledgement would typically be in some kind of written contract. Mind it that any kind of legally binding agreement works here. The most common example of such contracts is a waiver of liability which is signed by the plaintiff before they participate in a dangerous activity.

Implied Assumption of the Risk

Don’t forget to ask your Denver car accident attorney about "Implied assumption of the risk." This applies to when no agreement has been made but the plaintiff knows about the risk and gets exposed to it anyway. Here however, the plaintiff does not assume the risk of the injury. So he is just participating in the game without acknowledging formally that he may be exposing himself to overly dangerous or aggressive behavior or a sport activity or game of such kind.