How Not To Reduce Your Personal Injury Compensation

Posted on: 28 February 2018

If you've been harmed by a careless driver, you are very likely entitled to money damages. You should understand, however, that the actual amount you are entitled to get can vary a lot depending on your actions. The things you say and do after the accident could reduce your compensation greatly, so read on to learn more about getting the most possible from your accident claim.

Consider the degree of fault

Also known as comparative fault, the amount of damages you might get is directly related to the percentage of liability you and the other driver share. Not all accidents are caused by the actions of a single driver, and if the other side can show that you somehow share the fault for the accident, it will reduce your compensation. The amount of fault you share is shown by a percentage number. For example, the other side might allege that their client is responsible for 75% of fault for the accident, and you are responsible for the other 25% of it.

Avoid comparative fault

If you know that you are in no way responsible for any of the accident, you must take action. You should understand that it may already be too late for some accident victims. Everything you say can be used to reduce your fault, so anything you say to first responders, medical personnel, on social media, and most importantly, on the phone with the insurance adjuster could potentially harm your case. Keep you own council about the wreck and never allow yourself to be recorded during a phone call with the at-fault driver's insurance company

Do not fail to mitigate

This form of compensation reduction refers to the actions that the victim takes after the accident to lessen the amount of harm on themselves. Everyone needs to take action to get medical care and to take care of themselves when they've been injured. Being injured due to someone's careless actions does not reduce the need to attempt to mitigate the effects of the accident when it comes to who owes what. Here are some examples of failure to mitigate:

  1. You do not seek medical treatment, or you delay seeking treatment causing your injuries to worsen.
  2. You fail to follow all treatment recommendations, and doing so causes further harm.
  3. You take unsafe actions that worsen your injury, such as checking yourself out of the hospital too early or by other careless actions.
  4. You are able to return to work, but fail to do in an attempt to get more compensation for lost wages.

Any of these behaviors could reduce your compensation. To learn more, speak to a personal injury attorney right away.