damage awards

What Affects Damage Awards?

It’s fairly obvious that damage awards for personal injuries are based, in part, on what you may have suffered physically, mentally, and emotionally. They also have to do with how the accident was caused and whether the person responsible was negligent. However, what actions you take during and after being injured can affect what you get.

  • Failure to mitigate damages. You must take reasonable steps to minimize (mitigate) any harm that is done to you. For example, after an accident in which you are seriously injured, you must try to get medical help. If you do not, and your injuries become worse, the award may be reduced because you did nothing to improve your situation.

  • Comparative fault. If you are 50 percent or more at fault in causing your injury, you cannot recover damages. For example, if the reason you suffered a personal injury on a theme park ride was because you ignored safety rules by undoing your seat belt and standing on the ride, you may not be able to get compensation because you’re mostly at fault. On the other hand, if you followed all the regulations and were still hurt, the fault lies mostly with the park, and you would be able to recover something. If you’re partially at fault, such as by 20 or 30 percent, the award you can recover is reduced by the percentage of your fault.

The best thing to do after your injured is to contact us immediately. As your Colorado Springs personal injury lawyers, we can determine what compensation you may be able to recover. We will always fight for what’s best for you.