Why Your Role in an Accident Influences the Amount of Compensation

man handing claims document to another manThe amount of compensation that you may receive from a personal injury case will largely depend on your role in the accident, such as a vehicular collision. Most states determine the amount of compensation from an accident based on a person’s level of fault, based on comparative negligence.

Comparative vs. Contributory

If you live in a comparative-negligence state, the court may award smaller amounts to a personal injury if you were the one to blame for an accident. Few states observe the contributory negligence law, which may not award a single penny to a person even when they are only partially to blame for the accident.

For instance, California follows the comparative negligence law. You should consult with a bad faith insurance attorney in Los Angeles or San Francisco, especially when you think the adjuster or your insurer fails to negotiate in good terms. Some grounds for a bad faith accusation include an adjuster not providing enough details on a low compensation offer.

Types of Damages

The cost of medical treatment is one of the most common types of compensatory damages from a personal injury claim. However, there are several other types that would be applicable if you’re able to justify them. A damage award based on your income is an example.

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This type of compensation refers to your inability to earn money for a living due to the accident. In some cases, the money you would have earned in the future could also be included in the awarded damages. If the accident involves damages to the plaintiff’s car, they may be entitled to compensation for property loss.

While plaintiffs in personal injury cases may be eligible for different types of compensation, most states require them to be proactive in mitigating damages, such as seeking immediate medical help. Otherwise, the amount of compensation awarded to a person may be significantly lower.

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