People who suffer injuries in auto accidents that were not their fault have the right to fair compensation for their injuries. Naturally, the other driver's insurance company will want to minimize any settlement. One strategy that insurers use to reduce settlement payouts to accident victims is known as mitigation. This article takes a look at this important legal issue.
Definition
Mitigation refers to a plaintiff's or defendant's legal obligation to minimize the amount of harm done to them by someone else. If you do not take action to mitigate your losses, this could make your legal case against the opposing party much weaker.
Surgery
The issue of mitigation often comes up in personal injury cases. If you are injured and do not take reasonable steps to minimize the extent of your injuries and reduce the cost of your medical expenses, the opposing party's insurer can argue that you deserve much less financial compensation than you are seeking.
For example, if surgery could heal your injuries quickly, but you refuse to have the procedure despite your doctor's strong recommendation, the insurer will almost certainly argue that you did not mitigate your injuries. This will harm your case during settlement negotiations or at trial.
A key point to remember is that you are not obligated to undergo an operation that involves considerable risk and could worsen your condition if things go wrong. If the surgery is relatively simple, however, and involves little risk, the law generally expects you to have the procedure.
Other Treatment
Taking steps to lessen the effect of your injuries applies to treatments other than surgery. For instance, if you do not follow a physical therapy course recommended by your healthcare provider and you heal more slowly than you would otherwise, this will likely harm your legal case. Also, if you continually skip doctor's appointments and this delays the healing of your injuries, you might reduce the amount of compensation you ultimately receive.
Reasonable
When deciding whether a particular medical decision after an accident could leave you vulnerable to the allegation of not mitigating your damages, keep in mind that the courts follow the "reasonable person" standard in this matter. The law expects you to make the same type of decisions that a rational, careful individual would make.
Getting fair compensation for injuries received in car accidents is not easy and you will need expert advice as you navigate the complex legal issues involved. For more information about this important legal issue, consult with an experienced personal injury lawyer in your area.
Contact a local personal injury lawyer to learn more.
