Make Sure to Mitigate Damages After an Accident
After becoming injured, you'll be expected to take steps to mitigate your injuries. If you don't take these necessary steps, you might discover that the courts will not rule in your favor or you may be forced to accept a smaller settlement because you will be considered partially at fault.
Understanding Mitigation
Mitigate is a word that essentially means "to make less." When you mitigate damages, you take steps to make the damages as minimal as possible. Otherwise, it's unfair for the defendant to pay for more damages than that which they are directly responsible for.
Following the Doctor's Orders
One of the easiest violations for the defendant to prove is when you fail to follow your doctor's orders. For this reason, you must understand your doctor's orders and follow them as closely as possible.
Engaging in Risky Behavior
Another example of a failure to mitigate damages is when you engage in risky behavior that can lead to you becoming further injured. For example, if you try to go skateboarding with a broken arm and worsen your injury, this may lead to you having your settlement amount reduced.
Taking Steps to Mitigate Damages
The duty to mitigate damages begins the moment that you have become injured. For example, if you were in a car accident, you'll be expected to move your car to the side of the road so that you can avoid being hit by another car. You may need to make purchases to mitigate risks. For example, if you injured your wrist, you may be expected to purchase a sling to avoid further injuring your wrist. However, the costs associated with purchasing the sling can be included in your damages.
Working with a Lawyer
In some cases, you took steps to mitigate damages, but the defendant still accuses you of being partially at fault. In these cases, you might need to speak with a personal injury lawyer such as Jack W Hanemann, P.S. who can help you argue that you did take steps to mitigate damages.
The majority of personal injury cases do not go to trial. Therefore, you and your personal injury attorney will argue with the other party in an attempt to settle. However, in the small percentage of cases that go to trial, the jury will be responsible for determining whether you took steps necessary to mitigate damages. However, the defense will need to provide sufficient evidence for their claim.
