Personal Injury & A Victims Duty to Reduce Damages

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Personal Injury

 

Did you know that around 60% claims in the courts are about accident and personal injury claims? And most of them get solved even before seeing a trial. So what happens to the others? Some of them become unable to recover the full damage amount fully. And that happens to people who are not even slightly at negligence for the accident. That is not because of the role about the accident, but because of the role after the accident.

“We are made wise not by the recollection of our past, but by the responsibility for our future.” – That’s what James Bernard Shaw said about responsibility. And it describes that it’s better to plan ahead instead of regretting about the past. But that doesn’t mean you have to ignore the past. So a victim has several responsibilities after an injury, just like getting a personal injury lawyer.

 

Obligation of a Plaintiff

Every accident victims have an obligation after an injury. And that is applicable even if the victim is not even slightly at negligence about the accident. If I put it in an easy presentation, then I must say that- “if the judge or juries find that you could have avoided some damages after the accident, than you may not be able to get a recovery.”

Suppose Miss Stuart had a car accident because of someone else. She got her fibula bone slightly cracked and the doctor told her to avoid walking for a couple of weeks. Her medical bill was $500 for that.

But Miss Stuart ignored that fact and got back to work before being fully recovered. That increased the crack to increase a bit more, causing extreme pain. Later she had to visit the doctor again for more treatment. And the bill was $300 after that.

Now, she claimed for $800 for the total expense. But the court found that she did not take care of herself properly, and the consequences afterwards the injury could have been avoided. Now she might get only $500 for the damage. And the other $300 will be her sole responsibility.

In some cases, the plaintiff may not even get the right to recover any damage at all.

 

Related Causes

Here are some reasons that may cause the victim to not recovering a damage cost:

  • Being negligent to get proper medical care.
  • Refusing medical treatments.
  • Not obeying the doctor’s advice and prescription.
  • Taking alternative medications.
  • Not seeking a job after recovering health. Applicable for loss of wages claims.

As you can see, a few simple reasons can deny you your rights. So always think ahead by learning from the past, and planning for the better future.

 

Stephen Zee

24 Comments
  1. Becky

    February 23, 2015 at 8:36 pm

    After an accident in which you were injured—whether a car accident, slip-and-fall, or other accident—you may have a personal injury case against the person responsible. In a personal injury case, part of the settlement is for pain and suffering. This term refers not only to physical pain, but to mental anguish, depression, and limits on your ability to engage in or enjoy your normal activities. Pain and suffering has no quantifiable monetary value, so insurance companies try to calculate one. But their values may not line up with your personal experience.

  2. Jason

    February 24, 2015 at 9:32 am

    A preexisting injury may cause the plaintiff to be in a weakened condition, causing him or her to be more susceptible to injury, thus causing aggravation of the condition. A defendant must take plaintiffs as they find them — in the condition they are in at the time of the accident. This “soft-shell” plaintiff argument is particularly effective in a low-impact auto accident collision where a jury may doubt that the accident could have caused the claimed injury.

  3. Linda

    February 25, 2015 at 10:30 pm

    Without an objective way to put a dollar value on pain, insurance companies calculate settlement values by multiplying known monetary losses due to the accident, such as medical expenses and lost wages, by a multiplier. They do not publicize how they determine their multipliers, but appear to assign larger multipliers to more serious injuries. Different insurance companies may use different multipliers for similar injuries. A serious problem with this method is that not everyone experiences the same injury in the same way. One person may heal quickly, with minimal pain and no setbacks, while another may experience multiple complications, significant pain, and prolonged disability.

  4. E. THompson

    February 26, 2015 at 1:49 pm

    At the outset, car accident attorneys must convey to their clients the importance of disclosing any previous injuries, no matter how dissimilar they may be to the current injuries. Failing to disclose preexisting injuries, especially those that affect the same part of the client’s body, can severely impugn the plaintiff’s credibility and the value of the overall claim.

  5. Tommy

    February 27, 2015 at 4:41 pm

    If a personal injury attorney offers to represent you for an hourly fee, it may be a sign that your case is weak or unlikely to yield a large payoff. You should feel free to ask the lawyer if he or she represents other clients on contingency and why the lawyer isn’t interesting in taking your case on contingency.

  6. Peter JH

    February 28, 2015 at 1:45 am

    The law on awarding damages for aggravating prior injuries can be found in a state’s jury instructions. California’s jury instruction is similar to those in most states.
    Another advantage to having a preexisting injury is the ability for an injury attorney to compare past medical records and diagnostic tests with current ones to objectively verify how the accident worsened the plaintiff’s preexisting condition.

  7. Alecs

    March 1, 2015 at 8:42 pm

    You may even be able to get punitive damages, which are designed to punish the other driver for his or her action.

  8. Jullliian

    March 2, 2015 at 3:25 pm

    Personal injury law encompasses a number of causes of action besides negligence.

  9. Issac

    March 3, 2015 at 12:36 pm

    As the name suggests, in these situations the defendant acts purposefully to harm the plaintiff. Examples include assault, battery, false imprisonment, trespass, theft, and infliction of emotional distress.

  10. Abel

    March 4, 2015 at 7:14 pm

    On the opposite end of the tort spectrum, there are scenarios in which defendants will be liable even though they did everything possible to avoid causing the harm.

  11. Rogel

    March 6, 2015 at 5:16 pm

    Examples of negligence include car accidents caused by drunk drivers, medical complications resulting from a physician’s carelessness, and dog bites that occur when vicious animals are permitted to roam free. In each instance, the responsible party ignored the risk posed to others, and as a result, the plaintiff was injured.

  12. Quent

    March 7, 2015 at 4:34 pm

    Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed.

  13. Terrence

    March 8, 2015 at 2:28 pm

    Remember, some injuries, especially soft tissue injuries or brain injuries, do not show symptoms for days, weeks, or even months following the injury.

  14. Monte

    March 9, 2015 at 12:19 pm

    Obviously, you would not go to a brain surgeon to deliver your baby even though they are both doctors.

  15. Dwyane

    March 12, 2015 at 5:37 am

    As medical bills and time out of work pile up, it is often important to get a feeling for how long it will take before you are compensated for your injuries.

  16. Tedt

    March 13, 2015 at 5:38 pm

    The vast majority of personal injury attorneys will not charge you for their services, but will take a portion from any monies you receive should you get a settlement or a positive outcome at trial.

  17. Anibal

    March 14, 2015 at 1:29 pm

    Many people think that as soon as they hire an attorney, they can sit back and wait for a check to arrive in the mail. Unfortunately, that is rarely the case.

  18. Orville

    March 16, 2015 at 7:14 am

    Your attorney will need to analyze the factors of your particular case to determine the appropriate course of action for your case, but having an attorney who rarely goes to trial may be a sign that he is looking for a quick payoff over getting you the maximum amount to which you are entitled.

    • STRUCTURED SETTLEMENTS

      April 16, 2015 at 5:44 pm

      But you will need a professional attorney in such cases.

  19. Darin

    March 17, 2015 at 9:25 am

    If you’ve recently been in an auto accident, you may be concerned about working with insurance companies, recovering from any injuries you suffered, and repairing your car.

  20. Claireee

    March 18, 2015 at 11:37 am

    All auto-accident victims may be able to recover money from the other driver, the owner of the car, and even the driver’s employer to pay for the damage to your car, your current and future medical bills, and any permanent injuries you may have suffered.

  21. Emill

    March 19, 2015 at 7:49 pm

    Large pools of water, potholes, and other problems common on the nation’s roads can cause accidents.

  22. Juty

    March 23, 2015 at 8:46 pm

    Because the plaintiff must demonstrate the defendant’s legal liability for the plaintiff’s injuries, the plaintiff’s opening statement is usually given first, and is often more detailed than that of the defendant. In some cases, the defendant may wait until the conclusion of the plaintiff’s main case before making its own opening statement.

  23. Clarence

    March 25, 2015 at 8:47 am

    Very good info :) I am really following your posts for a few weeks…

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