Don’t Allow Mitigating Circumstances To Ruin Your Personal Injury Case

Mitigating circumstances may sound confusing, but it just means that your actions after an accident could affect the amount of compensation you are paid. It's all too easy for accident victims to accidentally mess up their cases by taking certain actions. To avoid those problems, read on to find out more.

Medical Treatment and an Important Form of Damage

You can be paid for any number of things after an accident. In most cases, victims are paid for the repair of their vehicles, for example. However, several other forms of damage are connected to your injuries. To be paid for things like pain and suffering and medical treatments costs, you must both have a physical injury, and you must get prompt medical treatment for those injuries. Pain and suffering, as a form of damage, deserve their own category.

What About Pain and Suffering?

This form of damage can be confusing to many. How can someone be paid for the pain and misery they have experienced with an accident? In most cases, the answer lies in the total dollar amount of their medical treatment costs. This number is used in a calculation that can result in a sum of money that is far higher than any other form of damage. For example, if a victim's medical costs amounted to $300,000, their pain and suffering damages could add an additional $900,000 or more to their compensation package. That is because pain and suffering, in many cases, can be from 1.5 to more than 5 or more times their medical expenses.

The Other Side Fights Back

You can easily see how large medical costs can create the potential for million-dollar damage claims. That also means that the other side will fight against that by claiming mitigating circumstances. In this case, two common mitigating strategies are employed by the other side: failure to seek medical help (or doing so too late) and any preexisting conditions.

  1. Failure to seek medical attention: Victims that delay medical treatment could cause their medical expenses (and their pain and suffering payment) to be dismissed. You must seek treatment from a medical professional and do so as soon as possible after the accident.
  2. Accusations of preexisting conditions – In some cases, the other side alleges that your injuries were present before the accident occurred. You will need your personal injury lawyer to prove that the injuries you suffered had nothing to do with old issues.

Don't let mitigating circumstances negatively affect your case. Speak to a personal injury law firm, such as Williams & Swee, about your case right away.