The law in the US allows for those injured due to the negligent actions of other individuals or corporations to seek compensation as long as they are able to show that the at-fault party was negligent in their actions and breached a duty of care they had towards the plaintiff via specific actions leading to the plaintiff sustaining compensable injuries. However, the law gets even deeper and nuanced after this, as it states an injured party is required to mitigate their damages in order to show a measure of reasonableness or prudence in order to prevent the exacerbation of their injuries and the needless payment of excessive damages by the defendant.

This duty to mitigate does not require that you take heroic steps or become an absolute perfectionist, but act with a prudence that another individual in the same position would have in order to promote your recovery as well as limit any financial losses you may have incurred going forward. This is not something the average layperson may understand, and it is only through working with an experienced personal injury law firm will one be able to have an appreciation of this legal concept and the responsibilities required of the injured party in order to protect your right to fair compensation.

Are you looking for a best injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans recover compensation after getting injured due to the negligent actions of other individuals or large corporations. Over the decades, we’ve been able to recover over $260 million and counting for our clients, with many of these judgments or settlements reaching the hundreds of thousands of dollars, and a handful, over a million dollars due to a client’s catastrophic injuries, loss of life, or permanent disability.

We pride ourselves in our success as well as helping the injured American public, and this success can be attributed to a number of factors such as personally handling and processing all claims as experienced injury lawyers and not shunting this work over to inexperienced paralegals and legal assistants as is often seen in most law firms, working with top medical, accident reconstruction, accounting experts to ensure that not only are your injuries tended to in a timely manner, but that your file demonstrates clear causation or fault by the defendant and that the evidence points to this, as well as accurately quantifying your injuries by way of an itemized list of damages.

We are also not afraid to litigate claims should we feel that your injuries and the conduct of the insurance company adjusters warrant this, as more often than not, taking a case to court and successfully defending it results in our clients recovering maximum compensation allowable by law. in addition to running a bilingual firm (hablamos Español), we also accept cases from all corners of the country thanks to our strong relationships with trusted referral attorneys and law firms.

Lastly, we take on all claims on contingency fee basis, and what this means is that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to the negligent actions of others and even large retail or industrial corporations, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Duty to Mitigate in Personal Injury Law – What Exactly Does It Entail?

US law places a premium on fairness even in contentious cases as it does not aim to punish one party unreasonably when there is no valid reason to do so. To this end, acting reasonably to limit harm is the foundation of the duty to mitigate damages doctrine, and it takes into account things like the medical advice received, the nature of the injuries, your own personal circumstances, the availability of resources and so on.

Examples of the Duty to Mitigate

1. Following and seeking medical treatment – A plaintiff has a duty to seek timely medical care for their injuries as well as adhere to the advice of their physician. Refusal to do so without any reasonable justification may be seen as failure to mitigate damages
2. Attempting to return to work – depending on howe severe your injuries are and if you have been cleared to work, you may have a duty to make reasonable efforts to return to work even if your work duties are modified to account for your injuries in an effort to minimize lost earnings
3. Avoiding the aggravation of injuries – A plaintiff is expected to avoid any activities that may cause a worsening of their injuries and engaging in such activities against medical advice could be construed as failure to mitigate.

Consequences of Failure to Mitigate

If a defendant can show that you did not take reasonable steps to mitigate your damages, a court may opt to reduce the amount of compensation you can recover taking into account the level of prudence you could have adopted and the resultant damages you may have received had this prudence been present.

Best Countrywide Injury Law Firm – Call Us Today!

The concept of failure to mitigate is a complex one and one that you should not attempt to understand by yourself. By working with us and doing so in a timely manner, we shall advise you on the steps to take to mitigate damages as well as protect your rights against unwarranted claims by the defendant’s counsel alleging your failure to mitigate your damages. Confused and need clarity?

Please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to helping you.