What Is Failure to Mitigate Damages and How Can It Hurt Your Case?
Failure to mitigate damages means an accident victim has not taken basic or reasonable measures to prevent further harm after the accident. This legal doctrine could hurt your New Jersey personal injury claim by giving the insurance company a valid reason to reduce or limit your financial recovery. The insurer may refuse to pay for damages it believes you could have avoided.
What Does It Mean if You “Fail to Mitigate Damages?”
“Failure to mitigate damages” means an individual did not take reasonable steps to minimize the injuries and losses they suffered due to an accident. It is a phrase insurance companies use to allege that a claimant did not do enough to prevent the exacerbation of his or her injuries or related damages.
The failure to mitigate damages defense can be used to minimize the insurance settlement an accident victim receives. An insurance company has the right to reduce a settlement offer if it has evidence that certain damages likely would have been avoided had the claimant taken reasonable steps to protect themselves and prevent further harm after an accident.
What Steps Are You Expected to Take to Mitigate Your Damages?
A failure to mitigate damages defense depends on what a reasonable and prudent person would have done in similar circumstances to minimize his or her losses. “Reasonable steps” can vary according to the type of accident, injury and harm involved.
Some steps you may be able to take include:
- Get immediate or prompt medical care.
- Follow your doctor’s treatment plan and attend all appointments.
- Fill your prescriptions and take medications as recommended.
- Return to work as soon as you are cleared by your doctor, but not sooner.
- Make a reasonable attempt to find new employment if you are incapable of returning to your previous job.
- Protect damaged property from further harm, such as by covering broken windows.
There is no standard set of rules or requirements that must be met by a claimant to be eligible for maximum compensation. Instead, each case is decided based upon its unique facts. If an insurance company or defendant proves that you did not act reasonably to minimize your damages, however, this can limit your financial recovery.
How Can You Combat the Failure to Mitigate Damages Defense?
Filing an insurance claim after an accident should feel like a solution, but it can quickly become another problem if the insurance company is working against you. To prevent the failure to mitigate defense, always get medical care right away after an accident in New Jersey.
Don’t wait until days later to see a doctor. Prompt care shows that you did what you could to treat and minimize your injuries, and that there is a provable connection between the accident and your diagnosed injuries.
If you filed a claim and have received a lower settlement because you allegedly failed to mitigate your damages, you can fight back. Gather evidence proving the extent of your injury or disability, with medical documentation showing that it was caused by your accident. If you are being accused of aggravating your injuries, you may be able to use medical experts to help you combat this claim.
A qualified personal injury lawyer in New Jersey can help you understand and navigate the failure to mitigate damages defense. Your lawyer can strengthen your claim with available evidence and use aggressive legal strategies to maximize your case outcome despite this insurance tactic. If you wish to discuss a specific case, contact the Law Offices of Jeffrey S. Hasson, P.C. for a free consultation.