Personal Car Wreck Lawyer Helping to Reduce Damages

Part of the reason to hire a personal car wreck lawyer is to have his or her expertise in the case of an injury case. The attorney is there to help you through the maze of legal documents and to counsel you through the proceedings in order for you to receive just and due monies for negligence on another person\’s part. However, the attorney will also need to instruct you, the plaintiff on what your obligations are to reduce damages.

Just as a person has the obligation to reduce the possibility of an injury occurring on their property or due to their actions, a person who is harmed must also assume some responsibility to lessen the impact of the injury. The plaintiff must make wise choices in use of medical care and medical treatments to help reduce current and future costs of the injury.

A settlement amount may be mitigated if the injured party will not seek proper medical attention. Failing to address an injury in a timely manner that then results in further complications, can be used to reduce the amount of the settlement. The dismissal of treatment must be proven to be unreasonable. This could be the case with a hairline fracture that may be treated as a sprain until the symptoms prove that it is more serious.

The person who is injured does not have the right to refuse the advice from a medical professional and expect to be paid for the pain and injury that could have been helped by following the advice. An example would be the participation of physical therapy. If the hurt person refuses to use the services and the condition continues or gets worse, the defendant\’s insurance company should not be liable for the continued duress.

Refusing to have surgery that has been shown to reduce or eliminate a condition will greatly reduce the awarded amount or eliminate it. While the plaintiff cannot be forced to have a medical procedure done on their person, the defendant cannot be held liable for the continued costs and discomfort.

Refusal of surgery can be weighed against the possibility of further complicating the condition or if the procedure has a high rate of death. This changes the reasonableness of the decision. When the surgery is beyond normal standard practices, the plaintiff does have the right to refuse the surgery, live with the injury, and be compensated for the condition.

People who prefer using alternative treatments for their health care will have to understand that the medical model is what is recognized in law. Alternatives like holistic or homeopathic therapies, most likely will not be recognized as a responsible choice for treatment. Even more mainstream approaches like chiropractic and acupuncture may be dismissed. However, the medical profession often has these last two therapies under the medical model umbrella.

When an injury prevents a person from continuing their current line of employment, they will be expected to look for another type of position or retrain for another trade. A personal car wreck lawyer will have good information for a client about arenas in which this transformation can be done. While the results cannot be forced, the plaintiff must show they are actively participating in finding a new job.

Author Bio: http://johnfoy.com/car-accident-injury-attorney/car-accident-attorney.php

Category: Legal
Keywords: Personal Car Wreck Attorney

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