When you are involved in a car accident and know that you are going to seek compensation, you need to make sure that you are living up to your responsibilities. Ensuring that you are taking care of your responsibilities can help your case in the long run.
One of the things that this means is that you are taking steps to keep the amount of damages you suffer to a minimum. This is called mitigating damages.
What kinds of actions do I take to mitigate damages?
You have to take steps that will help you return to as close to normal as possible. This means going through therapy, going to your doctor appointments and following the treatment plan that is prescribed for you. You should do what any other reasonable person in your position would do if he or she had the same circumstances.
Do I have to do everything the doctor says?
You can use your judgment when it comes to what treatments you do. Some treatments, such as invasive treatments like surgery, aren’t necessarily automatic. You have to weigh the benefits and risks of the possible treatments you are offered to determine what is right for you.
What happens if I don’t mitigate damages?
Failing to mitigate damages can have a negative impact on your claim for compensation. You might not be able to recoup expenses that are due to your unwillingness to try to keep the damages to a minimum. Of course, all cases are handled on an individual basis, so don’t base your decisions on what another person did in his or her case, even if the case was similar.
Source: FindLaw, “The Plaintiff’s Duty to Mitigate Damages,” accessed July 06, 2017