If you have been hurt in an accident, like a car accident or slip and fall accident, because of someone else’s negligence, you probably already know that you can recover compensation for your damages. This may include losses like medical bills, lost wages, and pain and suffering. However, you also have a legal duty to mitigate your damages.
Mitigating your damages means taking reasonable steps to prevent your damages from getting worse. Failure to do so could mean that you receive less compensation as part of your personal injury claim. Keep reading below to learn what it means to mitigate your damages and how you can maximize your financial recovery.
What Does “Mitigating Damages” Mean?
The word mitigate means to “make (something) less severe, painful, or intense.” Mitigating your damages means taking reasonable steps to prevent them from worsening or increasing. For instance, imagine you were hurt in a car accident. Mitigating your damages means seeking immediate medical treatment for your injuries and following your doctor’s orders.
A court may find that you failed to mitigate your damages if you refuse medical treatment or disregard your doctor’s instructions. Consequently, if your actions lead to a worsening of your injuries or condition, you will likely be unable to recover compensation for your decline. Generally, you need to act as a reasonable person would in a similar situation.
Am I Required to Mitigate Damages in Alabama?
Yes, you are required to mitigate your damages after an accident in Alabama. If you do not, you could end up receiving less compensation for your claim. This prevents victims from making their condition worse on purpose in order to try to get a higher settlement.
Remember that insurance companies are looking for every way to lower the value of your claim. They will scrutinize your every move, especially your actions after the accident. If they believe you did not mitigate your damages by properly taking care of yourself, they may try to make you a lowball settlement offer. Taking your recovery seriously can help maximize the value of your personal injury claim.
How Can I Mitigate My Damages?
There are several things you can do after your accident to mitigate your damages. Some common examples include:
Seek Immediate Medical Treatment
You should seek medical help right away after your accident. Even if your injuries seem small or you “feel fine,” getting medical help right away can help determine the extent of your injuries. Waiting too long to seek treatment can affect your claim.
The insurance company can use your failure to get treatment to show that your injuries were not that serious or that they weren’t even caused by the accident. Additionally, seeking treatment right away will help you feel better and prevent your condition from getting worse. Medical records are crucial pieces of evidence in any personal injury claim.
Avoid Returning to Work Too Soon
Missing work, and especially missing your paychecks, can be tough. However, returning to work too soon can worsen your injury. You should always wait until you are fully cleared by your doctor before returning to work. Doing so shows that you are taking your recovery seriously, and this can strengthen your personal injury claim.
Follow Your Doctor’s Orders
After you seek treatment, make sure you follow your doctor’s recovery instructions. This includes duties like:
- Going to follow-up appointments
- Participating in physical therapy or rehabilitation
- Staying home from work until cleared
Failure to follow your doctor’s orders might appear as though you are not taking your recovery seriously.
Do Not Engage in Risky Activities
While you are healing, you should avoid engaging in behavior that could worsen your injury. Generally, you should avoid participating in:
- Sports
- Lifting heavy objects
- Working out
- Driving (depending on your condition)
Remember that the insurance company will look for every way to minimize your claim. If you decide to engage in risky activities, this is crucial evidence that could be used against you.
Consequences of Failing to Mitigate Your Damages
If you fail to mitigate your damages, the amount of compensation you receive will likely be reduced. The insurance company may be able to argue that your damages worsened because of your behavior and not because of the accident. Hence, your financial recovery may end up being less than it could have been.
This is why you should always follow the steps above to mitigate your damages as much as reasonably possible.
Get Legal Help From an Experienced Birmingham Personal Injury Lawyer at Belt, Bruner & Barnett Personal Injury Lawyers
After an accident, you should always get help from an experienced lawyer before accepting any settlement offer. The team at Belt, Bruner & Barnett Personal Injury Lawyers has 93 years of combined experience helping accident victims get the justice they deserve. Contact our Birmingham personal injury lawyers today at (205) 973-6417 to schedule a free consultation and learn more about the steps you should take after your accident.