After an injury, you have a legal duty to take reasonable steps to minimize your losses. This obligation, known as mitigation of damages, requires you to seek appropriate medical treatment, follow medical advice, and avoid actions that could worsen your condition.
If you fail to take these steps, your injuries and financial losses may increase. More importantly, a court or insurance company may reduce your compensation if they determine that your damages could have been minimized.
Many people ask, “What does mitigation of damages mean?” This article explains the concept, why it matters in personal injury claims, and the steps you can take to protect your right to full compensation.
What is Mitigation of Damages?
Mitigation of damages in personal injury is a legal obligation requiring victims to take reasonable steps to minimize their financial losses and injuries that are easily avoidable as much as possible.
The insurance company and the court do not reward the expenses and losses that are easily avoidable.
You may be aware that damages can be divided into either economic or non-economic. These common damages include
- Medical treatment and therapy expenses.
- Lost wages and earning capacity.
- Property damage costs.
Example of Steps to Mitigate Avoidable Damages
- Getting immediate medical attention prevents injuries from worsening and avoids the unreasonable medical costs.
- Attending all the medical appointments and therapy sessions and taking the required medications properly.
- Refrain from going to work or engaging in physical activities that cause further damage to your condition or injury before recovery.
- When it comes to claiming lost wages compensation, go to work as soon as your physician permits that you’re fit to work. This avoids an unnecessary gap in the lost wages record.
- Keep records of all your reasonable expenses that prove your compensation claim is fully justified.
- When you have to claim compensation for your damaged vehicle, timely action is needed to secure it, and you can’t let it sit for an extended period of time and have rust form on it.
Why Mitigation of Damages is Important
The defendant’s insurance company’s main job is to raise arguments and legal points that allow them to try to minimize your payout as much as possible. So, prompt action is necessary.
Protection of Your Compensation
Overlooking the steps to mitigate your damages only leaves room for these insurance companies and the court to reduce the compensation award, claiming that many damages could have been avoided by you.
You can protect your compensation by carefully sticking to every step you need to follow right after the accident.
Prevent Your Health from Worsening
Legal reasons aren’t the only reason why mitigating your damages matters. Beyond just legal reasons, your health matters more than anything.
Get prompt medical attention, such as treating your injuries, physical therapy, or mental health treatments if you’re experiencing PTSD and trauma from the accident.
By doing so, you eliminate the potential dangers in the future. If your injuries become worse, it can have further physical, financial, and legal consequences.
Legal Obligation
Keep in mind that mitigating your damages is not just a choice but a legal duty requiring you to minimize your losses, with the burden of proof generally falling upon you.
So, if you don’t have enough proof or reasonable proof, it just means you failed to act on your own legal duty.
Even if you feel completely fine, you must seek medical attention anyway, because sometimes the pain can be masked due to adrenaline-related effects. Even though this can be proved in court, it’s better to be safe than sorry.
Immediate Actions to Mitigate Damages
- As soon as you’re injured from an accident, move to a safe place and check for your injuries if you are able to.
- Call emergency care services, such as both the local law enforcement and the hospital.
- Even if your injuries are minor, see a doctor to create medical records.
- Take photos of all the vehicles, damages, injuries, and the surrounding area.
Why Does Consulting a Personal Injury Lawyer Matter?
Contact a personal injury lawyer as early as you can. An experienced lawyer helps you avoid mistakes most victims tend to make after getting into an accident.
The lawyer provides complete professional guidance on the options you have in your case and ensures your right to fair compensation.
Key Takeaways
- After an accident, victims have a legal obligation to mitigate damages, especially those easily avoidable.
- Common damages in these cases include medical expenses, lost wages, and property damages like vehicles.
- Immediate medical help, attending doctor appointments, avoiding physical activities, and promptly going to work after the physician’s permit are some crucial mitigatory steps.
- Taking mitigatory steps protects your compensation and prevents your injuries from becoming worse.
- Right after the accident, seek emergency health services, call the police, and start taking photos of potential evidence.
- Hire a personal injury lawyer as early as possible to assist you and prevent you from making avoidable mistakes.
Peyman Khosravani is a global blockchain and digital transformation expert with a passion for marketing, futuristic ideas, analytics insights, startup businesses, and effective communications. He has extensive experience in blockchain and DeFi projects and is committed to using technology to bring justice and fairness to society and promote freedom. Peyman has worked with international organizations to improve digital transformation strategies and data-gathering strategies that help identify customer touchpoints and sources of data that tell the story of what is happening. With his expertise in blockchain, digital transformation, marketing, analytics insights, startup businesses, and effective communications, Peyman is dedicated to helping businesses succeed in the digital age. He believes that technology can be used as a tool for positive change in the world.
