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Five Circumstances That May Reduce Or Eliminate A Personal Injury Settlement

24 March 2015 by Franklin Vasquez

Personal injury law was developed to prevent the innocent from being harmed by the negligence of others. It was designed to ensure that if someone were harmed through the carelessness of someone else, the victim would not be solely responsible for the resulting bills. They may even be eligible for additional money to cover emotional pain and suffering. But not every personal injury case is guaranteed. Here are some examples of the instances which may reduce the settlement amount, or eliminate it entirely.

#1. The injured party was partially to blame.

If the injured person was taking part willingly in the activity or acting in an unsafe manner that caused their injury, the court may decide they have a share in the responsibility. This may reduce the amount of their settlement by the percentage the court feels they participated. For instance, if the court finds they contributed equally to the cause of the accident, the amount of the judgment may be half of what it would have been if they were not involved. 

#2. The injury occurred on personal property.

Homeowners are not held to the same standard of those who have property that is used by the general public. While homeowners are still usually considered liable when an injury happens on their property, the amounts are often much less than they would be for the same injury occurring at a business.

#3. The plaintiff in the case was engaging in an activity with a predetermined potential for risk.

If the accident happens while the injured party was involved in an activity that could be considered risky, the amount of money they are entitled to may be less than expected, or there may not be a case at all. Examples of this include playing football, climbing a mountain or wrestling. These are all aggressive sports that are commonly known to potentially cause injury. Becoming injured while participating normally in these sports will not usually be considered cause for a lawsuit.

#4. Being unable to prove injuries are genuine or that they occurred as a result of the incident.

A lawsuit can only be filed when the supposed victim is able to prove they were injured or damaged in some manner. The entire responsibility to prove guilt belongs to them.

#5. Waiting too long to file a case.

There are statute of limitations for filing personal injury lawsuits and they vary by state and by the type of incident. This is one of the reasons why lawyers encourage people to contact an attorney as soon as possible. In some cases the time allowed could be as little as one year. 

Because there are so many laws and exceptions that can determine every case, it is important to contact a lawyer like Madigan & Scott Inc. following any type of injury. Waiting makes it easy to lose track of witnesses and lose valuable paperwork. The earlier you begin assembling your case, the better chance you will have of a successful outcome. 

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