Newark Personal Injury Attorney Mary Higgins Law Firm

Available 24/7

302-894-4357

Legalized Marijuana and Personal Injury

General Law, News, Personal Injury

Legalized Marijuana and Personal Injury 

Legalized marijuana use can affect a personal injury case. While there is proof that medical marijuana does help pain on many levels, the amount of time that the residual drug can be found in your system may lead to a conundrum in legal cases. Thus, an injured person involved in a personal injury case should be aware of the potential impact of marijuana use, both positively and negatively.  Here are some possible angles, both good and bad, that a person who has been injured should consider:

  • Impairment and liability: If the injured party was under the influence of marijuana at the time of the accident, it might be argued that their impairment contributed to the accident or made their injuries worse. This could potentially reduce their compensation or make it more difficult to prove liability on the part of the other party.

  • Comparative negligence: In some jurisdictions, if the injured party was found to be under the influence of marijuana, it might be considered comparative negligence, which could reduce the compensation they receive. The percentage of fault would be determined, and the injured party’s compensation may be reduced accordingly.

  • Medical expenses: If the injured party uses marijuana for medical purposes, they might be able to claim the cost of their medical marijuana as part of their damages. This could potentially increase their compensation.

  • Pain and suffering: In some cases, the injured party might argue that using marijuana helped alleviate their pain and suffering after the accident. If this argument is accepted, it could potentially increase their compensation.

  • Prescription drug use: If the injured party was using marijuana as an alternative to prescription drugs, it could be argued that they were taking reasonable steps to manage their pain and that this should not be held against them in the personal injury case.

  • Stigma and bias: There may be a stigma associated with marijuana use, and this could potentially affect the perception of the injured party by the jury or judge. It is essential to be aware of this potential bias and address it appropriately in the case.

  • Employer considerations: If the injured party was using marijuana at work, it could affect their workers’ compensation claim, depending on the employer’s policies and the laws in the jurisdiction.

In all instances, you should consult with an experienced attorney to understand the specific implications of your case.  The fact that residual trace amounts of THC may be found in your system does not necessarily determine your case outcome. It is a known fact that THC remains  in the human system for days and may not always be the deciding factor in a case outcome. An experienced attorney will be able to review your case and discuss all your options. 

 

Call Mary Higgins, Esq. at 302-894-4357  we can help you!

Our Google Reviews

Please Check Our Past Client Reviews

(This article is for informational purposes only and should not be relied upon for legal advice. Your case should be reviewed by an attorney to determine the proper legal advice for your situation.)

Mary Higgins Delaware Attorney

Featured

Related Posts

The Hidden Stressors of Surviving Car Accidents in Delaware

Life can change instantly in a traumatic car accident, causing physical and profound emotional turmoil.   In this article, we delve deeper into the often-hidden stressors that survivors of car accidents in Delaware may face while also touching upon some pertinent...

read more

Apple Picking Around Delaware

Pumpkins Aren't The Only Things Worth Picking this Fall. Here are Some of the Best Places to Take The Family Out Apple Picking! Apple picking is the perfect tradition to mark the start of the fall season. Spend a fun day in the orchard picking your own apples, then...

read more

Need Help?

Get In Touch

Follow Us