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Failure to Mitigate Damages in Personal Injury Cases

Failure to Mitigate Damages in Personal Injury Cases

Even when a personal injury case results in a settlement or verdict, there are a number of factors could impact the plaintiff’s net recovery. One factor is whether the plaintiff has mitigated their damages, or taken reasonable steps to minimize the losses arising from their accident.

When Might a Dispute Arise over the Mitigation of Damages?

The defense might contend that the plaintiff has failed to mitigate damages if:

1. The Medical Evaluation Was Delayed

Many people will do their best to avoid visiting a doctor due to the cost and inconvenience. But putting off medical care might constitute a failure to mitigate damages. The defense might assert that a reasonable person would have sought care earlier and this would have resulted in a more favorable prognosis, and leading to lower medical costs and other damages.

If such a dispute arises, the plaintiff’s attorney might counter it by arguing that the symptoms were so minor or latent that a reasonable person may not have sought care any earlier in the same circumstances. Evidence to support this defense might include the deposition of your treating physician and retained medical experts, as well as your medical records.

2. Plaintiff Ignored Doctor’s Orders

Have you deviated in any way from your doctor’s orders? This is one question your attorney might ask during the free initial consultation. Its purpose is to assess the likelihood that the insurer will argue you have neglected your treatment and therefore have failed to mitigate your damages.

Many people don’t realize how limiting a serious injury can be until they experience one firsthand. Having to spend days, weeks, or even months not partaking in your favorite activities—and perhaps not earning an income—can be arduous, so it’s not uncommon for injury plaintiffs to disobey their medical providers’ instructions. Common examples of this include:

How to Avoid Disputes over Mitigating Damages

From the moment your injury happens until your case is resolved, you have to be diligent about what you say and do. Think carefully about how your statements and actions might impact your claim.

Here are a few specific tips to keep in mind:

Call (562) 206-1939 to Speak with a Long Beach Personal Injury Lawyer Today

Your Injuries Are Personal to Me

Attorney Michael D. Waks has many years of experience taking on some of the largest insurance companies in California. He knows how to avoid and overcome disputes that have the potential to reduce your financial recovery. To discuss your case in a free consultation, call us today at (562) 206-1939 or send us a message.

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