In personal injury cases, defendants will sometimes employ an affirmative defense. Such a defense does not deny that the evidence against the defendant is untrue. However, it claims that the plaintiff is also culpable.
If the defendant can prove that the plaintiff is culpable, then the defendant may not be liable for all or part of the damages. Two common examples of affirmative defense include comparative negligence and assumption of risk.
If you or anyone you know has been injured in a car accident, contact the Iowa personal injury lawyers of LaMarca Law Group, P.C., at (515) 705-0233.