What Can Reduce My Compensation for My Personal Injury Case?

When deciphering whether it is worth it to pursue legal action over your personal injuries, two concerns may linger in your mind. One, if you already have health issues, you may worry that nobody is going to believe your cries of incurred injuries. And secondly, if you think the blame can be pinned on you in some way, you may be scared of opening opportunities for counterclaims and getting in legal trouble yourself. Well, we are here to relieve any anxieties you may have over your potential legal claim. And so, please continue reading to learn whether any external factors can ultimately reduce the amount of financial compensation you receive for your case, and how an experienced Passaic County personal injury attorney at the Law Offices of August R. Soltis can help ensure fairness still exists here. 

Can my pre-existing condition reduce my compensation for my personal injury case?

A common tactic a defendant might adopt to get out of financial liability in your personal injury case is claiming that your medical condition pre-dated the cited accident date. For example, you may have cited a back injury, but your acquired medical records may disclose that you have been dealing with back pain for longer (i.e., surgical procedures, physical therapy sessions, etc).

Well, you may feel relieved to learn that your pre-existing condition does not automatically bar you from pursuing a claim and subsequently collecting damages. All this means is that the burden is on you to prove to the New Jersey family court that the accident event has exacerbated your symptoms, causing you to incur more medical bills, extensive lost wages, etc.

Can comparative negligence law affect the value of my personal injury case?

Even if you are able to successfully argue for your pre-existing health conditions, there are other hurdles you may have to overcome in your personal injury claim. That is, the defendant may be insistent that you shared some of the responsibility in your accident event. The New Jersey civil court will look closely into this per the state’s comparative negligence law.

With this law, you may only collect financial payout if you were comparatively less negligent (i.e., less than 50 percent at fault) than the defendant. And with that, the percentage of your award may be reduced by your assigned percentage of fault. So if the court declares you are to be held 40 percent accountable, you may only receive 60 percent of what you initially asked for.

To maximize the value of your personal injury case, it is critical that you collect as much evidence against the defendant as possible. Whether it be tracking down a police report, acquiring surveillance camera footage, or obtaining eyewitnesses and expert witnesses, your hired attorney can make sure you have this all in your corner.

There is no shame in asking for help, especially when you are dealing with something as serious as a legal matter that could affect your physical, emotional, and financial well-being. So please retain legal assistance from a skilled Passaic County personal injury attorney from the Law Offices of August R. Soltis. We will happily lend a hand.