When Victims Contribute To Their Own Injuries

When Victims Contribute To Their Own Injuries

When Victims Contribute To Their Own Injuries

11 April 2022
, Blog

There may be more to an auto accident than fault and damages. Some victims unwittingly do themselves no favors by failing to do enough to prevent their injuries. To find out what that means, read on.

What Contributory Issues Can Mean To A Case

If you have been in a vehicle accident but had no physical injuries, you may only be paid for your wrecked car. However, those who are injured could be paid, in addition to the vehicle repair, for their medical expenses, lost wages from work, future medical needs, and pain and suffering. That is why proving that your injuries were caused not by your own actions but by the other driver is so important.

Failure To Seek Medical Care

As far as personal injury law is concerned, you must seek medical treatment for your accident injuries in a timely fashion. The longer you wait, the more it harms your case. If you wait a few days, questions could arise about the potential for additional harm being done because of the delay. For instance, if a victim only notices neurological issues a week after the accident, the possibility exists that something could have been done to lessen the effect of a brain injury if the victim had sought medical care sooner.

Failure To Use A Seat Belt

Drivers and passengers are always supposed to wear both lap and shoulder restraints. This sort of preventative action removes an element of risk when an accident occurs. If you are hurt in an accident and were not wearing restraints, there is a good possibility that you caused a certain percentage of your injuries by that failure. Even when the accident was caused by a driver in another vehicle, you may be ruled to be, for instance, 30 percent (or some other percentage) at fault. That means you won't be paid for 30 percent of what you should be paid for your injuries and pain and suffering.

Preexisting Conditions

The other driver's insurer may bring up past accidents and medical conditions if you have a lot of physical injuries. This can be a way of trying to lessen the other driver's liability but, if proven, can negatively affect your case. You can, and should, fight against such allegations by speaking to a car accident lawyer. They can help show that your injuries are new and not the result of other accidents.

Speak to a personal injury lawyer to find out more if you are dealing with any of the above contributory negligence issues.

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Personal Injury Law and You

In a personal injury claim, as with any other legal procedure, the best weapon you can have on your side is knowledge. Working with an experienced attorney is a good start, but you may not even know if your case is worth pursuing. This blog is for those people who are considering a personal injury claim for the first time, or who are already in the middle of their claim. We've scoured the net and compared several sources to provide you with accurate, reliable information that can apply to any personal injury case. We hope you find our blog useful for navigating your personal injury claim and getting compensation for your injury.