The Factors That Negatively Impact Your Compensation

Different factors come into play when it comes to compensation. Some of these factors may strengthen the claim, while others may weaken it. You need to be aware of all the negative factors to increase your chances of getting good compensation.

An experienced lawyer can help you learn about the factors that impact your claim. Even small factors can have a huge impact. A personal injury attorney at Blakeley Law Firm, P.A., says that even delayed medical attention can have a huge negative impact on the case.

Blakeley Law Firm has effortlessly secured more than a million for their clients many times. Speak with the lawyers at this law firm if you want to know more about your case. Speaking to them has no cost, as they offer a free consultation.

This article discusses all the factors that can negatively impact your compensation.

Factors That Can Negatively Affect Your Compensation

Comparative Negligence

Comparative negligence laws vary by jurisdiction but generally allow for the allocation of fault between parties. Your compensation may be reduced proportionally if you're found partially at fault for the accident that caused your injuries.

For example, if you're deemed 20% at fault, your compensation may be reduced by 20%. Understanding how comparative negligence laws apply in your case and how they could impact your compensation is essential.

Pre-existing Conditions

If you had pre-existing injuries or medical conditions before the accident, insurance companies may argue that your current injuries are not entirely attributable to the accident. They may claim that your pre-existing condition contributed to your injuries.

Delayed Medical Treatment

Prompt medical treatment after an accident is crucial for your health and legal case. Delaying medical treatment can raise doubts about the severity or cause of your injuries.

Insurance companies may argue that your injuries weren't caused by the accident or that they're not as serious as claimed because you didn't seek immediate medical attention. Documenting your injuries and treatment promptly strengthens your case and enhances your chances of receiving full compensation.

Lack of Documentation

Comprehensive documentation is essential for proving the extent of your injuries, medical treatment, and related expenses. Medical records, bills, receipts, and other documentation provide evidence of your damages and the accident's impact on your life.

More documentation can strengthen your case and result in higher compensation. Keeping detailed records from the outset of your injury is crucial for accurately assessing damages and maximizing compensation.

Failure to Mitigate Damages

After an accident, you must take reasonable steps to mitigate your damages. This includes seeking appropriate medical treatment and following your healthcare provider's recommendations.

Failing to do so could be interpreted as negligence and may result in reduced compensation. Insurance companies may argue that your failure to mitigate damages contributed to the severity or duration of your injuries.

Inadequate Insurance Coverage

The amount of compensation available in a personal injury case may be limited by the at-fault party's insurance coverage. If the at-fault party has insufficient insurance or is underinsured, it may be challenging to recover full compensation for your injuries and losses.

In such cases, exploring other avenues for compensation may be necessary. This may include uninsured/underinsured motorist coverage or pursuing the at-fault party's assets.

Inadequate Legal Representation

The quality of legal representation can significantly impact the outcome of a personal injury case. Hiring an inexperienced or incompetent attorney may reduce your chances of obtaining fair compensation.

A skilled and knowledgeable attorney understands the complexities of personal injury law and knows how to build a strong case.

Jury Bias

In cases that go to trial, the jury's composition and perceptions of personal injury claims can influence the outcome. Jurors may have preconceived notions or biases about personal injury plaintiffs.

Overcoming jury bias requires strategic trial preparation, persuasive evidence presentation, and effective communication.

Conclusion

Understanding these factors and their implications is essential for navigating the complexities of a personal injury case. It also helps you pursue maximum compensation for your injuries and losses.