JUSTICENTER Personal Injury Lawyers | November 19, 2025 | Personal Injury
Extenuating circumstances may be present in both civil and criminal cases. In a criminal case, extenuating circumstances are factors present in the case that make the defendant’s actions seem less severe. In civil cases, especially personal injury claims, extenuating circumstances might result in your damages being reduced.
The opposite of extenuating circumstances would be aggravating factors. Those may increase a person’s liability or cause what they did to seem worse. Keep reading below to learn everything you need to know about extenuating circumstances in California.
Examples of Extenuating Circumstances
Extenuating circumstances may also be referred to as mitigating factors. There are several factors that may be considered in California. Keep in mind that the way each factor is evaluated may differ from one court to another.
A Health Emergency Behind the Wheel
Imagine someone has a heart attack or seizure while driving and loses control of their vehicle. If there was no way to predict the episode, the situation may be viewed differently than if the person knowingly took that risk. Courts may consider it an unavoidable medical emergency—something that could reduce their responsibility for the crash.
A Delayed Medical Response in an Emergency
In a medical malpractice case, suppose a patient’s treatment was delayed because of an unforeseen hospital power outage or emergency overload—not due to staff negligence. Those circumstances might change how the case is evaluated.
A Fall That Wasn’t Fully the Property Owner’s Fault
Imagine someone slips in a store, but it turns out the spill had just happened seconds earlier, and staff hadn’t had a reasonable chance to clean it up. While the injury is still real, the store may not be held fully responsible because it didn’t have time to respond.
Weather That Turns Dangerous Quickly
Think dense fog, a surprise downpour, or black ice. Bad weather doesn’t excuse careless driving, but it can change the expectations for how drivers should respond. If someone did their best to stay safe but still crashed in extreme conditions, that context matters.
Extenuating Circumstances in Everyday Life
Extenuating circumstances can also apply to situations of everyday life. For example, imagine you miss a few days of work without informing your employer. Normally, this might be grounds for termination.
However, suppose you were in a serious car accident and were hospitalized with no way to contact your employer. The fact that you were in an accident and in the hospital would likely make your absence forgivable. Your accident and hospitalization would be extenuating circumstances.
After learning these facts, your employer would not be likely to punish you for missing time from work.
How Extenuating Circumstances Can Affect Your Personal Injury Claim
Extenuating circumstances can also have an effect on personal injury claims. A common scenario involves insurance companies attempting to shift the blame to the victim. They may do this to reduce the value of the victim’s claim or to avoid paying the claim altogether.
For example, if someone is accused of causing a crash but shows their brakes failed unexpectedly, that changes the fault analysis. Similarly, if visibility was poor or another driver ran a red light, those facts may support the victim’s case.
These details can influence how much compensation a victim receives—or whether they can recover anything at all. An experienced personal injury lawyer can help identify and present these factors to protect the victim’s rights and strengthen their claim.
Contact JUSTICENTER Personal Injury Lawyers Today for a Free Consultation With a Sherman Oaks Personal Injury Lawyer
An experienced Sherman Oaks personal injury lawyer at JUSTICENTER Personal Injury Lawyers can help assess all the factors in your claim. We will consider all the details of the situation when building your case, including any extenuating circumstances.
Contact us today to schedule a free consultation.
Please contact an experienced personal injury lawyer at JUSTICENTER Personal Injury Lawyers for a free initial consultation today at (833) 852-3600.
Our main office is in Encino, CA, but we serve all through Los Angeles County.
JUSTICENTER Personal Injury Lawyers
16633 Ventura Blvd suite 1011,
Encino, CA 91436
