How Your Actions Or Inactions May Sabotage Your Personal Injury Case

Do you know how your actions can affect your potential settlement award? In fact, it is not your actions. Your inaction can be significant as well. Here is how your action or inaction may affect your case:

Your Contribution to the Accident

Common sense dictates that if you are at least partially responsible for your injuries, then you should not be fully compensated for them. The law agrees, but the manner in which your actions and decisions affect your settlement award depends on your jurisdiction. There are two major ways states deal with partial fault:

• Contributory Negligence​

In this case, you stand to lose your entire potential award if you are found to have contributed to the accident. This is especially the case if your contribution is viewed as an act of negligence. Consider an example where a drunken motorist hits your car and leaves you with severe injuries. If it is proven that you were driving over the center line, then the other motorist may argue that your negligence (crossing the center line) contributed to the accident. In such a case, you may lose your entire claim. Note that only a few states have this regulation.

• ​Comparative Negligence

When state legislatures realized that contributory negligence was harsh, they decided to go either of these two routes:

• Pure comparative negligence – in this case, your settlement is calculated, your contribution is determined, and then your award is reduced accordingly. For example, if your potential settlement is $1,000,000 and your contribution to the accident was 40%, then you only get 60% of the award or $600,000.
• Modified comparative negligence – in some states, the computation is done as above, but you are only awarded any money if your contribution to the accident was less than 50%.

Failing to Mitigate the Injuries

If you are hurt in an accident, then you have a duty to minimize them in any way possible, such as seeking treatment and following your doctor's advice. If you don't do this, then your expected damage can be reduced considerably. For example, if you don't take the medicines prescribed by your doctor, then your injuries might worsen, and the insurance company may use this to reduce your compensation.

Settling a personal injury claim is not as simple as submitting a demand letter and waiting for your payment. You have to prove fault, show that you took actions to mitigate your injuries, and also defend your contribution (if any) to the accident. Work with a personal injury attorney like Leen and Emery to ensure you get the help and guidance you need. 

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