When a person or entity fails to meet a duty of care owed or through their failure causes injury to you, their carelessness once established would result in your entitlement to claims for damages. Even if the negligence on their part is proven, however, the amount of damages involved would be reduced if the counsel of their defense likewise proves that your injury’s effects were not helped by your own negligence to take reasonable steps towards recuperation or prevention of further damage. The following are the usual omissions of consequence which diminish an injury claim in spite of proven liability:
Failure to seek medical treatment. Upon gaining the injury, the victim needs to immediately seek medical attention at a timely manner. Failure to do so can give the defense an opportunity to question the severity of the damage inflicted. If there is proof that the delay worsened the injury, the defense can contest that they are not liable of such.
Refusing medical advice. The advice of doctors or other experts cannot be ignored or disregarder. If the injured person refuses the treatment being recommended, the recovery of damages might be severely weakened. For instance, if the physician says that you need to be confined for 24 hours with certain prescribed medicine and you refused to follow, the defense will no longer be held liable if your condition worsens.
Use of alternative treatment. Because of the rise of popularity of various treatments such as acupuncture, chiropractic, and natural home remedies, many people tend to resort to using them instead of heading to the hospital and pharmacy. However, most forms of alternative treatments are still not acknowledged by the industry.
Lack of effort to seek employment or livelihood. If you are deemed strong enough to work despite your injury or condition, and you choose to do nothing but lie down or stay at home, then your recovery of damages will not cover the days of being stagnant at employment.
Here at Denton Injury Lawyers, we are dedicated to help you fully grasp your rights and responsibilities. Give us a call for a free consultation on how you can get a 360 view of what you and your loved ones are actually facing.