Three Simple Steps That Can Devalue Your Personal Injury Claim


Personal InjuryWhen someone files a personal injury claim in Florida, one of the first questions on their mind is this: how much is my case worth? Less common but more important is the question: what should I do (or not do) in order to increase the value of my case?

As a personal injury plaintiff, there are three actions that are guaranteed to reduce the amount of damages you’re entitled to receive.

  1. Contribute To The Cause Of The Accident

In Florida, the law of pure comparative negligence applies, which means that as a plaintiff, your role in the incident which caused your injuries will impact the amount of damages to which you’re entitled.

In a pure comparative negligence system, you will be compensated for your damages only to the extent that you were not responsible for them. For example, if you are deemed to have been 60 percent at fault for the auto accident which left you with a broken leg, then the defendant would only be responsible for paying 40 percent of your damages—the percentage of fault attributed to them.

  1. Fail To Mitigate Your Damages

One of the worst things you can do in the aftermath of a personal injury incident is nothing. In other words, it’s critical that you take reasonable steps to recover from your injuries. For instance, if you were to delay in seeing a doctor or altogether avoid medical care for your injuries, your injuries could worsen as a result.

Under these circumstances, the defense would argue that had you sought medical treatment right away, the overall cost of medical care—and therefore the damages to which you’re entitled—would be lower.

If you failed to do everything possible in order to mitigate your damages, then the defense will have a strong case against paying you the full amount of your damages, and the compensation you receive is likely to be significantly reduced.

  1. Be A Social Media Butterfly

These days, almost everyone has at least one social media account where they post their photos, thoughts, and feelings for the day. Are you one of them?

If so, and if you are also a claimant in a personal injury case, you need to exercise extreme caution when it comes to what you post. You might even reconsider posting anything at all. This is because the defense team and their insurance company will stop at nothing to cast doubt on the legitimacy of your injuries in an attempt to reduce the amount of your compensation. Their goal is to pay you as little as possible.

In their attempts to accomplish this, they will scour your social media accounts for anything and everything that can be used against you, whether it’s a photo of you on vacation, or a simple statement such as, “Today’s a good day.”

Unfortunately, many people have a false sense of privacy when it comes to social media. They feel that the content they post is beyond the reach of the defendant and/or their insurance company, but nothing could be further from the truth.

What you post about your life could end up seriously reducing the damages to which you would otherwise be entitled.

Fenstersheib Law Group, P.A.: Personal Injury Attorneys In Hallandale Beach, FL

At Fenstersheib Law Group, P.A., you’ll find highly knowledgeable and experienced personal injury attorneys who are eager to meet you, evaluate your situation, and protect your rights.

Don’t sit around with questions about your personal injury claim: call us for answers at 800-TELL-ROBERT.

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The Lawyers at Fenstersheib Law Group, P.A. provide personalized legal representation for personal injury cases.

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