Failure to mitigate damages can impact a personal injury claim and reduce the compensation that one may receive. The defendant’s insurance company frequently argues a failure to mitigate defense, claiming that plaintiff failed to do everything possible after the accident to limit his injuries, losses, and damages. They try to reduce their legal liability and lower the claim value by doing so.
Mitigating damages can be a challenging argument to prove. Thus, it is beneficial to have an experienced personal injury attorney on your side as soon as possible. An attorney will explain all the finer details of claiming process and help you navigate the complexities to obtain the best possible result.
What Is Failure to Mitigate Damages?
Failure to mitigate damages is an affirmative defense a defendant can raise. The defendant has to prove that the plaintiff failed to take necessary steps to reduce losses following the injury. It would not help the defendant escape paying damages entirely, but it could reduce the compensation amount.
Understanding Duty to Mitigate Damages
Mitigation is the process of reducing the severity of your injuries and the financial consequences associated with an accident. If hurt due to someone else’s negligence, victims must take reasonable steps to reduce or offset their losses.
Defendants in personal injury claims will try to reduce the compensation amount you can recover by saying you didn’t take these actions to minimize your losses after the accident.
Few Examples of Failure to Mitigate
Now that you understand what mitigation is, Here are a few examples where a plaintiff could be accused of failure of mitigation.
- Refusing Medical Treatment – Refusing medical treatment for the injuries after an accident or failing to seek medical assistance can be considered a failure to mitigate damages.
- Ignoring Recommended Treatment – Ignoring or avoiding recommended treatment or therapy sessions can be deemed a failure to mitigate damages, and the defense will argue to reduce the compensation.
- Refusing to Seek Work – As a duty to mitigate damages plaintiff must seek gainful employment to the best of his ability after the accident. Making no or little effort to find a job while it was available can give the defense a chance to accuse the plaintiff of failing to mitigate damages.
- Forgoing the Surgery – If you’ve been injured and a doctor advises surgery to treat injuries, forgoing the surgery could result in a reduction of claimed damages.
Skilled Los Angeles Personal Injury Attorneys
Involved in an accident in LA? Don’t let failure to mitigate damages affect your injury claim and lessen the compensation. A qualified personal injury lawyer can prevent you from becoming a victim twice when the defendant’s insurer accuses you of neglecting to reduce damages. Yerushalmi Law Firm’s competent attorneys will guide you to take the essential steps after the accident and fight tenaciously to get the maximum compensation you deserve. Call us for a free consultation today at (310) 777-7717