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You have a duty to mitigate damages after a crash

On Behalf of | Jun 8, 2020 | Car Accidents |

A person who is involved in a wreck may suffer from serious injuries. If the crash wasn’t their fault, they may opt to seek compensation for the damages they have. One thing to remember if you’re the injured party is that you have a duty to mitigate the damages.

A personal injury lawsuit requires you to account for the damages that you suffered or will suffer because of the crash. You can’t do things that will make your injury worse. For example, you can’t go riding on roller coasters if your doctor told you that you have a spinal cord injury. If you opt to get on that roller coaster and your condition worsens, the person from whom you’re seeking compensation won’t be responsible for the increase in the expenses that you’re facing because of that decision.

There are limits to what you can be expected to do in response to an injury. For example, you can decline to have a surgery that your doctor recommends, but the defendant wouldn’t be liable for the results of your deciding against going under the knife.

The duty to mitigate isn’t limited only to medical care. It also extends to employment. If you’re unable to return to your previous job duties because of the injury, your duty to mitigate the damages would mean that you need to find employment that you’re able to do if possible. Trying to dissuade potential employers from wanting to hire you would go against that duty.

Your duty to mitigate the damages of the wreck is something that’s considered during the process for determining what types of damages you’ll receive. This is true in cases that are resolved through a settlement and those that are handled in a trial.