Proving damages in a personal injury case can be more challenging than you think. You’ll probably have to gather documentary evidence that speaks to your pre-accident income, and you may need expert testimony to address your medical condition, your need for ongoing treatment and your prognosis. Each of these issues can be hotly contested by the defense. But there’s another issue that could come up in your personal injury case: damages mitigation.
What is mitigation?
After being injured in a wreck, you have a duty to minimize your losses as much as reasonably possible. This ensures that the defendant, if successfully sued, will only be required to pay for damages for which they are responsible. For example, under this theory, a defendant shouldn’t be responsible for medical treatment for a severe complication that would’ve been avoided if you had sought medical treatment sooner. Likewise, they shouldn’t have to pay for lost wages if you were capable of working but simply chose not to. Therefore, as you progress with your case, the defense might argue that you haven’t done enough to mitigate your damages.
How can you address damages mitigation?
There are several steps you can take to protect yourself here. These include:
- Seeking prompt medical care.
- Following your doctor’s recommendations.
- Gaining an opinion from your doctor or a vocational specialist about your ability to work.
- Returning to work, if possible, even if only in a limited capacity.
Remember, an argument about mitigation of damages is viewed from the perspective of a reasonable person. So, try to think about how your actions will be viewed by others to ensure that you take appropriate action. If you have lingering questions about how to deal with a mitigation of damages argument, then please reach out to your attorney to discuss the matter further.