Failure to Mitigate Damages – Is It Fair? Personal Injury
One of the reasons why we advise prospective clients never to think about representing themselves in a personal injury lawsuit is because of so many complex variables that enter into play once everything starts moving. It is not uncommon for insurance companies to use the “failure to mitigate” excuse to get to lower your claim amount or even throw it out altogether.
Are you looking for a best injury attorney in Illinois? For over 75 years, McCready Law has been at the forefront of all things personal injury law, from car and truck accidents, to daycare abuse, nursing home negligence, medical malpractice, and major class action lawsuits. We’ve helped thousands get the needed justice and compensation, and we’d like to extend the same help to you. Please give us a call NOW at(773) 673-9861 to receive your 100% FREE, no-commitment consultation into personal injury lawsuits anywhere in the country.
How to Mitigate Damages – Injury Law
Legally, you are required to do anything that can be construed to be reasonable when it comes to preventing an injury. In other words, you are legally obligated to mitigate the after-effects of an accident leading to injuries. This could be in the form of seeking prompt medical attention in order to stop a broken arm from being infected and causing other health complications, or even informing their place of work so they can be relieved of their duties so they can seek appropriate treatment.
What If You Fail to Mitigate Damages? The Consequences
Duty to mitigate is often used in order to lower a plaintiff’s payout with regard to damages. This is a partial defense used by the insurance company’s attorneys who will fight tooth and nail to have to not pay you anything at all. That being said, failure to mitigate does not invalidate your claim as the defense is responsible to demonstrate in what ways you as the plaintiff failed to mitigate.
Mitigating Damages – Steps to Take
This is why it’s so important to take the needed steps from the moment you suffer an injury in order to preserve the integrity of your legal claim. Go to the ER on the same day, ask them to run a full battery of tests, schedule treatment or surgery as soon as is possible, and inform individuals at work and home what happened in order to have time out to recover without having to put undue strain on your body which could worsen your injuries or your mental and emotional state.
The Key Here is Reasonableness
Basically, the process of mitigating your injury must be done in a reasonable manner. Don’t rush off to have major surgery if you can’t afford it, and don’t quit working without notice if you can still work remotely as you recover from your injuries. The law won’t hold it against you as long as it is shown that you acted in a reasonable and prudent manner to what what’s in your power to mitigate damages.
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Need to speak to an experienced attorney regarding failure to mitigate damages? Please give us a call TODAY at (773) 673-9861 to learn more about your legal options for compensation. Thanks, and we look forward to hearing from you.