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Can a plaintiff's certain actions (or inaction) diminish a damages award?

Comparative negligence

In some cases, what an individual does or doesn’t do can diminish the amount of damages awarded in a personal injury case. If you're partially at fault for the accident that led to your injuries, "comparative negligence" will apply and your percentage of fault will reduce the damage award.

In the aftermath of the accident, you, as a plaintiff, have to take reasonable steps to minimize the financial impact of the harm caused. For example, if the victim fails to get necessary medical treatment after an accident and makes his/her injuries worse, as a result, the damage award might be significantly reduced.

For more information about compensation and damage awards, please contact our personal injury attorneys at Sacramento & Elk Grove-based O'Brien & Zehnder Law Firm by calling 1-800-722-4176 or send us an email and someone from our office will be in touch with you shortly.

DISCLAIMER:  This article is not a substitute for legal advice and in no way constitutes legal advice or gives rise to an attorney-client relationship. Adequate counsel is fact-dependent and requires independent analysis and inquiry specific to your situation and circumstances. This article is simply meant as a guide to explain in general and brief terms certain issues and serves to provide general information. Contact O'Brien & Zehnder Law Firm at 916-714-8200 if you require legal help or wish to seek legal advice for your specific legal issue(s).