Be Reasonable and Limit Your Harm or Risk Less Compensation

If you’re injured in an accident caused by another’s negligence, you may have a right to obtain compensation for your losses. This comes with responsibilities along with legal rights. You must take reasonable steps to minimize your damages, or mitigate them, or you risk getting a far lower settlement or jury verdict.

Satterley & Kelley, PLLC represents Kentucky people injured by others’ negligence. If you’re severely injured in an accident, you may receive compensation. Contact us if you have questions or want to learn more about how we can help. Call us today at (855) 385-9532.

What Are Damages?

There are two parts to an insurance claim or personal injury lawsuit. The injured claimant or plaintiff must show that the insured party or defendant did something, or failed to do something, that was negligent to cause the accident and injury. As a result, they are liable, or they have an obligation to compensate you for your losses.

You must also prove that you were harmed or suffered losses as a result. Damages put a dollar value on the harm caused by an accident. They compensate you for a wide range of negative things that happened in your life due to the other party causing the accident. Damages cover past losses and what may be reasonably expected in the future. Damages include the following:

• Economic, or special, damages compensate you for measurable financial losses. They should be calculated using bills, receipts, pay stubs, and other documentation. Economic damages include medical expenses, lost wages, lost benefits, lost earning capacity (if you’re chronically disabled and it impacts your ability to work), property damage, and out-of-pocket expenses
• Non-economic, or general, damages cover real but intangible harm that is more difficult to measure. They include pain, suffering, emotional distress, anxiety, depression, and the negative impacts on relationships, as well as disfigurement and scarring

Without damages and the evidence to establish them, you have no insurance claim or basis to sue the other party.

What is Mitigation of Damages?

Mitigation of damages is a fundamental legal doctrine requiring you to take reasonable action to reduce or prevent additional harm following an accident. You cannot allow your injuries or losses to worsen when reasonable steps could be taken to prevent that from happening.

The other party may be responsible for the harm caused by the accident, but not for additional harm that you could have reasonably prevented by taking appropriate action.

The reason for this approach is that the law expects injured parties to act reasonably and responsibly in managing their injuries and losses. The law won’t reward people who treat an accident injury as an excuse for an extended vacation or to “milk” the situation for as much money as possible.

Why Does Mitigation of Damages Matter?

Failure to mitigate your damages may significantly reduce your compensation. The insurance company and its attorneys will scrutinize your actions (and failures to act) following an accident, to determine if there’s evidence that you failed to mitigate your damages.

If they can show that you neglected to take reasonable steps to minimize your harm, or did something to make them worse, they may argue that you should not recover compensation for the additional injuries or losses due to your actions or inaction.

If you delay medical treatment after your accident and your condition worsens, the insurance company may claim that the worsening was your fault, and they shouldn’t compensate you for it. If a doctor recommends that you have physical therapy, but you refuse or can’t bother to attend, the insurance company could argue that your recovery is taking longer because you fail to follow reasonable medical advice, rather than due to your accident.

A court may cut your damage award by the amount that your losses were unnecessarily increased because you failed to take reasonable steps to mitigate your losses.

How Do I Mitigate My Damages?

This varies based on your circumstances, as not all accident victims suffer the same damages. You must act reasonably, but not heroically, and endure unreasonable hardship. Here are some issues to consider:

• Obtain prompt medical care. See a healthcare provider as soon as possible after your accident. Some severe injuries don’t have obvious symptoms, and delayed treatment can cause complications that worsen your condition. Gaps in medical treatment create opportunities for insurance companies to argue that your injuries were not serious or that they resulted from something other than your accident
• After you start receiving medical care, comply with your healthcare provider’s reasonable recommendations. Attend scheduled appointments, take prescribed medications, complete physical therapy sessions, and follow activity restrictions. Tell us if financial constraints or transportation issues prevent you from following these recommendations. There may be available solutions, and if documented, these problems shouldn’t be viewed as unreasonable medical non-compliance
• Consistent medical care is evidence of the seriousness of your injuries and your effort to recover. Missing appointments without valid reasons can be used against you.  The insurance company may claim your injuries are not as serious as you claim, or you’re not interested in recovery
• You must act reasonably. If you believe your physician’s recommendation is unreasonable, ask questions about alternatives and discuss them with your physician. If your concerns or fears are not resolved, contact us so we can talk about your situation. What you’re being told may or may not be consistent with how other clients dealing with the same injuries have been treated. We may suggest another well-qualified physician so you can get a second opinion and learn about possible options
• Document your medical treatments, expenses, lost work time, and how your injuries impact your daily life. This is evidence to support your damages claim and demonstrates your efforts to treat your injuries and mitigate your losses. Keep a journal describing your pain levels, limitations, and recovery progress
• If you’re cleared to return to work, even if you have restrictions, you generally have a duty to do so. Staying out of work when you are medically cleared to do so can be viewed as a failure to mitigate your lost wages. You shouldn’t come back to work against medical advice or before you are truly capable either, because if this worsens your injuries, your failure to act reasonably by staying home could also be seen as a failure to mitigate your damages. If you genuinely feel it’s unsafe to return to work, but your physician says you should, contact us so we can talk about how to approach this situation

Whether it’s talking to us, your physician, or your employer, you must consider your situation before speaking and be honest. Exaggerating your symptoms or being dishonest creates credibility issues that can undermine your claim. If you’re overly optimistic and not truthfully discussing your pain and limitations, your damages claim can also be reduced because your statements make it sound like you’re healthier than you actually are.

Ensuring that our clients mitigate their damages is an important step we take to educate them about their obligations and help them obtain the maximum possible compensation.

Speak to a Satterley & Kelley, PLLC Accident Injury Lawyer Today

If you’re the victim of an accident caused by another’s negligence, or a family member was killed in one, Satterley & Kelley PLLC lawyers can protect your interests and rights to compensation. To reach our Louisville office, call 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.