Personal injury law is a complicated area that requires an in-depth knowledge of when a plaintiff is entitled to claim and where the rights are infringed. Knowledge regarding insurance laws is also imperative.
Each year, numerous cases related to personal injury reach court and then the situation is viewed from all aspects. In that case, it’s not necessary that plaintiff is always right. Sometimes, accidents that lead to personal injury can be caused by plaintiff’s own negligence or fault and in that case, damage amount may get reduced to a large extent.
NDM Law, specialists of personal injury law in Mississauga hereby tell you about the various conditions on which the damage amount may be reduced or cancelled altogether.
- Motor Vehicle Accident
In case of motor vehicle injury, certain things are taken into consideration. Even if the insurance covers motor vehicle injury, it’s investigated if plaintiff was wearing seat belt or not, or of he/she was wearing helmet or not. In that case, their contribution to injury is considered as 15-25% and 10-15% respectively. But this is only applicable if the defendant proves that the use of seatbelt or a helmet would have resulted in prevention of injury or reduction in the degree of injury. In that case, the accused or the person at fault can claim a reduction in the damage amount.
Apart from that, damages are also reduced if plaintiff was driving in an inebriated state or under the influence of alcohol. The amount of alcohol being enough to mess up with his decision making. In that case too, the plaintiff is considered 25-45% contributory to the injury.
- Not seeking immediate medical help
According to law, it’s the plaintiff’s duty to mitigate the effects of injury by seeking timely medical treatment. If the plaintiff fails to seek medical attention and vocational job placement retraining even when it was possible for him/her, the damages awarded may be reduced significantly. Because not seeking medical attention at the right time worsens injury and needs much larger intervention. Thus, the contribution of negligence cannot be overlooked.
Personal injury is a traumatic experience but damages when paid somewhat reduce the suffering. Seek legal representation upon incurring a personal injury to get the damage amount you deserve.
This post first appeared on Real Estate Legal Aid Providers Mississauga | NDM LAW, please read the originial post: here