What defences might I have to overcome to win my case?

There are two common defenses raised in personal injury cases: comparative negligence; and assumption of risk. Comparative negligence is a defense that permits a court to weigh the negligence. This defense permits a jury to weigh the negligence of the plaintiff and the defendant by assigning percentages to each party’s negligence. The damages award is then reduced by the corresponding percentage. Assumption of the risk is a defense that bars or reduces a plaintiff’s recovery when the defendant proves that the plaintiff was aware of an inherent risk in a particular course of conduct, but voluntarily continued with that course of conduct in spite of the risk.