Mitigate Damages
If you’ve been injured due to someone else’s negligence, you may already know that you have the right to pursue compensation through a personal injury claim. However, as the injured party (the “plaintiff”), you also have certain responsibilities under the law. One of the most important is the duty to mitigate damages.
This article will help you understand every step of the legal process, including how mitigation can affect your case. Failing to mitigate damages can significantly reduce your settlement or verdict, so it’s crucial to understand what’s expected of you.
What Does “Mitigate Damages” Mean?
To “mitigate damages” means to take reasonable steps to reduce or limit the harm caused by an injury after an accident. The law doesn’t expect you to completely heal yourself or avoid all consequences, but it does require that you don’t worsen your condition unnecessarily or ignore reasonable treatment options.
In short, You can’t sit back and let your injuries get worse and then expect the at-fault party to pay for the added harm.
Examples of Mitigating Damages
Mitigating damages may look different depending on your injury and circumstances, but some common examples include:
- Seeking prompt medical treatment after the accident
- Following your doctor’s advice and completing recommended treatment (physical therapy, surgery, medication, etc.)
- Not returning to physically demanding work too early if it risks re-injury
- Using crutches, braces, or other medical devices as prescribed
- Avoiding activities that could aggravate your injury (e.g., lifting heavy objects with a back injury)
- Not skipping follow-up appointments or abandoning care prematurely
The key is acting reasonably and responsibly in your efforts to recover.
Why Does Mitigating Damages Matter?
If you fail to mitigate your damages, the defendant or their insurance company may argue that you are partly responsible for the extent of your own losses. If they succeed in making that argument, the court may reduce your compensation.
Let’s say, for example, that you injure your knee in a car accident and your doctor recommends surgery. If you choose not to undergo the procedure and your condition worsens, the defense may claim that your failure to follow medical advice increased your damages—and they shouldn’t be responsible for the added costs.
In these situations, courts and juries may reduce your award by the amount of damages they believe you could have avoided.
What Happens If You Don’t Mitigate Your Damages?
If you don’t take appropriate steps to recover from your injury, the insurance company will almost certainly try to use it against you.
Here’s how that might look:
- They may deny part of your claim, arguing that your injuries were prolonged or worsened due to your inaction.
- They may hire medical experts to testify that your condition could have improved with proper care.
- They may reduce their settlement offer, forcing you to accept less than your case is worth.
- If the case goes to trial, a jury may be instructed to reduce your compensation based on your failure to mitigate.
This is one of many reasons why working with an experienced personal injury lawyer is so important.
Mitigating Damages Does Not Mean Sacrificing Your Rights
It’s important to note that you’re only expected to take reasonable steps, not go to extreme lengths or bankrupt yourself to recover.
You are not required to:
- Undergo risky or experimental treatments
- Travel long distances to see specialists if it’s not practical
- Continue treatments that are painful, ineffective, or not medically necessary
- Work if a doctor has not cleared you for return
Mitigation is about reasonableness—what a typical person would do under similar circumstances. Your lawyer can help demonstrate that your decisions were fair and justified if challenged by the defense.
Don’t Let an Insurance Company Use Mitigation Against You
Insurance companies are always looking for ways to lower their payout. Don’t give them ammunition by ignoring your recovery or delaying medical care. The earlier you seek help, the easier it is to show that you did your part — and now the other side must do theirs.
If you’ve been injured in an accident, talk to a lawyer before speaking to insurance adjusters. They’ll help protect your claim from day one and make sure that your right to fair compensation is preserved.
Contact Zaner Law Personal Injury Lawyers Today for a Free Consultation
You don’t have to navigate your personal injury claim alone. Zaner Law Personal Injury Lawyers can help guide you through the legal process and help you take every step necessary to strengthen your case.
Call today for a free consultation, and let’s talk about how to protect your rights, mitigate your damages, and fight for the justice you deserve.
