Do the plaintiff’s actions affect damages awarded?
Damages are awarded in personal injury cases in connection with the actions of the defendant. But the plaintiff’s actions do factor into the amount awarded, both in cases that are settled and in those that go to trial.
Under the comparative negligence standard observed in most states, if the plaintiff is partially to blame for the accident, then the defendant will only have to pay damages to the degree that he or she is responsible. Under the contributory negligence standard observed in a few states, the plaintiff may be unable to collect any damages if he or she shares any of the blame for the accident. And most states may significantly reduce damages awarded to the plaintiff for failure to mitigate damages — for instance, if he or she fails to get proper medical treatment after an accident, which causes the injuries to be worse than they otherwise would have been.
Get answers to your questions…
- After my injury, how long do I have to file a lawsuit?
- Can I fire my personal injury attorney?
- Can I sue a transit authority for my injury?
- Do I have a car accident case?
- Do I have a personal injury case?
- Do I have a workplace injury lawsuit?
- Do I need a lawyer for my personal injury case?
- Do most personal injury lawsuits settle out of court?
- Do the plaintiff’s actions affect damages awarded?
- How long will a commercial vehicle accident lawsuit take?
- How long will a truck accident lawsuit take?
- How long will an auto accident lawsuit take?
- I was injured in an accident and need an attorney. What should I do?
- What are “damages,” and what different types of damages exist?
- What is the difference between mediation and arbitration?
- What kind of cases related to wrongful death in DC has Lietz Law handled?
- Will I have to testify in court?