Extenuating circumstances is a legal phrase that you may hear in a criminal case or personal injury lawsuit in Nebraska. In a side claim or personal injury case, extenuating circumstances may come into play if an insurance company attempts to blame your injuries on something other than the defendant’s actions or failure to act.
Extenuating circumstances are special conditions or factors that can influence the outcome of a case, potentially altering the perception of an incident. Understanding what constitutes extenuating circumstances and how they can impact legal decisions is crucial for anyone involved in a legal dispute. We’ll explore the definition of extenuating circumstances, provide examples, and explain their significance in the context of both criminal and civil law.
What Does Extenuating Circumstances Mean?
Cornell Law Schools’ definition of extenuating circumstances are facts or details that are relevant and necessary to fully understand a situation. They are also referred to as mitigating factors. In a criminal or civil case, extenuating circumstances must be taken into consideration to fully grasp the facts of the person or case.
Depending on the facts presented, extenuating circumstances could lead to a person’s actions being viewed as less severe or more severe. This can mean a decreased or increased punishment in a criminal case or changes in the assessment of the value of the damages (financial compensation) awarded in a civil case.
What Are Extenuating Circumstances?
Depending on the facts of your life and your case, several examples may qualify as extenuating circumstances. The following situations may mean you have been subjected to extenuating circumstances that could negatively impact your case:
- Involvement of a minor committing a crime without a criminal history
- Medical issues
- Physical injuries
- Slippery road during a car accident
- Poor signage
- Gas or oil spill or other hazards on the road
What will count as an extenuating circumstance will vary depending on the area of the law, criminal history, accident history, age, and more. If you are concerned about whether extenuating circumstances might impact your case, feel free to reach out to us. When you retain support from Knowles Law Firm, we can provide valuable clarity, reduce stress, and much more.
How Might Extenuating Circumstances Affect a Personal Injury Case?
Typically, extenuating circumstances are brought up in a personal injury case as a defense tactic by the defendant or his or her insurance company. An insurance provider may allege that it was not the conduct of its policyholder that caused the claimant’s injuries but instead extenuating circumstances. For example, an insurer in a car accident claim may claim that the roads were slippery due to a recent storm and that this is what caused the crash rather than the defendant’s actions.
Diminishing Fault With Extenuating Circumstances
If a defense involving extenuating or mitigating circumstances succeeds, this can diminish or even eliminate the defendant’s percentage of fault for a victim’s injuries. If the courts agree that the accident and injury in question most likely would not have occurred were it not for the extenuating circumstances, this could protect the defendant from liability for the accident – and interfere with the victim’s ability to recover compensation.
How Extenuating Circumstances Can Impact Compensation
If you are a plaintiff or injured party in a personal injury lawsuit in Nebraska court, extenuating circumstances could reduce or take away the financial recovery that you collect from a defendant. You may no longer be able to hold one or more parties accountable for your injury if the defense proves that it was caused wholly by extenuating circumstances. Otherwise, the courts may reduce your recovery award by the percentage of fault allocated to mitigating circumstances.
Extenuating Circumstances in Criminal Law
In criminal law, extenuating circumstances often mean that a punishable action – such as a crime – can be forgiven due to the unusual situation surrounding the incident. In some cases, criminal charges against a defendant may be dropped due to mitigating circumstances. For example, if the evidence shows a defendant only assaulted someone because he thought he was acting in self-defense, the extenuating circumstances could lead to case dismissal.
Conversely, extenuating circumstances of crimes could increase a defendant’s penalties by making his or her actions more severe. If the extenuating circumstances constitute aggravating factors – such as committing a crime with a deadly weapon – they can increase the defendant’s criminal penalties. The effect that extenuating circumstances have on a criminal case depends on the facts and details that are presented.
Extenuating Circumstances Impacting Your Legal Case? Learn How an Attorney From Knowles Law Firm Can Provide Invaluable Help
If an insurance company attempts to reduce your payout by placing at least partial blame for your injury on extenuating factors – such as faulty equipment or hazardous property conditions – a lawyer can help you combat this defense. Your lawyer can prepare your case for all potential defense tactics, including the argument of mitigating circumstances. This can help you optimize your financial recovery even when faced with this defense strategy.
Our dedicated team works tirelessly to ensure your case is accurately represented, taking into account all relevant factors to achieve a fair outcome. With 55 years of experience and a history of multi-million dollar settlements, we are well-equipped to handle the intricacies of your case. At Knowles Law Firm, we understand the complexities these difficult circumstances can introduce and have extensive experience navigating them. Contact us today at (402) 431-9000 or through our contact form to discuss your situation and explore your options.
