When you’re hurt in an accident, you expect your personal injury claim to provide compensation for your losses. But what if the settlement is smaller than you anticipated? Several factors can reduce your compensation, even if you’re the victim. Here’s a breakdown of what can lower your settlement and how to protect your claim.
Contributory Negligence: How Your Fault Affects Your Case
If you’re partially responsible for the accident, it can lower your settlement. This is called contributory negligence. In some states, even a small amount of fault can reduce your compensation, while others may bar you from receiving anything at all. For example, if you were speeding when another driver hit you, the insurance company might argue that you share some of the blame. Your lawyer will work to show that the other party was mainly at fault, but any shared fault can still affect the final settlement. In any case, be aware that your actions leading up to the accident are critical in determining your compensation.
Pre-Existing Conditions: Can You Prove the Injury is New?
Another common issue in personal injury claims is the presence of pre-existing medical conditions. If you had an injury or medical issue before the accident, insurance companies might try to argue that your current injuries are either unrelated or less severe than you claim. This tactic often reduces the settlement amount because the insurance company may argue that your condition was already there before the accident. For example, if you had a back problem before a car crash and the accident aggravated it, they may argue that your recovery is related to the old injury, not the new one. In these situations, your attorney will work to show that the accident worsened your existing condition and caused additional harm.
Failure to Follow Medical Treatment
If you skip doctor’s appointments or ignore medical advice, it could weaken your case. Insurance companies might use this to argue that your injuries aren’t as serious, potentially lowering your settlement. For instance, if you miss physical therapy sessions, the insurer may argue that your injuries are less severe than you’ve claimed.
Exaggerating Injuries: The Risk of Overstating Your Case
While it might be tempting to exaggerate the impact of your injuries to maximize your settlement, this can be a major mistake. If you are caught overstating the severity of your injuries, it can severely damage your case and reduce your settlement or even result in a complete denial of your claim. Insurance adjusters are trained to spot red flags. And if your claims don’t match the medical evidence or are inconsistent with your actions, they’ll catch on. Honesty is essential in personal injury cases. If your injuries heal faster than expected or turn out to be less severe than you thought, let your lawyer and doctor know. Overstating your injuries could result in a smaller payout or even a denial of your claim.
Contributory negligence, pre-existing conditions, missed appointments, and exaggerated claims can all impact your compensation. By being transparent, sticking to medical recommendations, and working with a knowledgeable attorney, you can protect your settlement and ensure you get the compensation you deserve.