How Your Actions (Or Inactions) Can Affect Your Personal Injury Award

There is more to the story of what your particular injury is worth in the world of Personal Injury. Namely, how your actions, or inactions, affect the total value. The two key points to pay attention to are the percentage of fault and whether there was the need to mitigate any damages. Yah, yah, yah – more legal mumbo-jumbo.

Percentage Of Fault: Maybe You Are Partly To Blame?

We know you’re hurt and the value of your injuries reflect a certain number. However, it is quite possible that you were partially to blame for the accident. This is the idea behind comparative negligence. For example, you were walking down the street in Deerfield Beach and not paying attention to where you were walking. There was a huge pothole in the street, you fell into it and became injured.

Clearly, the pothole was not your fault, right? Well, that’s true. However, the truth of the matter is that a normal person (or what the law calls a reasonably prudent person) would be paying attention to where they were walking. The adjustor can say in this situation that you were partially at fault for the accident because you weren’t paying attention. What the adjustor will do is assign a percentage of fault to you. Perhaps they will say that you were 25% at fault for the accident. The adjustor will then decrease the settlement offers by 25%.

Failing To Mitigate Damages After An Accident

This is a much rarer concept than percentage of fault. Failure to mitigate typically only comes into play when you fail to take certain actions after an accident and those inactions made the entire situation worse. For instance, you were hurt after an accident, but for some unknown reason wouldn’t see a doctor for your injuries. After waiting a long period of time, you do finally go to the doctor and he or she tells you that because you waited so long, your injuries are now significantly worse.

This is rare, but it happens. The adjustor will say that it wasn’t their fault that you failed to go to the doctor right away. Therefore, they shouldn’t be responsible for the increased damages you have suffered. You’ll argue that it makes no difference because they are responsible for the injuries in the first place. Regardless, you don’t want to get into this argument because it could potentially lower your settlement.

How do my actions affect my award?

South Florida Personal Injury Attorney Grant J. Skolnick explains that in order to bring a successful Personal Injury claim, what you decide to do, or not do, can have a huge impact.

The Best Action You Can Take: Contacting An Experienced Personal Injury Lawyer

You know that your actions affect your award. If you are the victim of an accident, take action by speaking with an experienced Personal Injury attorney. Not sure what action to take? The Ticktin Law Group offers free consultations with an experienced Florida attorney. During your meeting, an attorney can help go over all the facts of your particular claim to give you a much better idea of the steps to take. Contact The Ticktin Law Group at (561) 232-2222 or by completing our contact form to schedule a free claim evaluation today.


Updated on December 27, 2018

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