If you get seriously injured in an accident in Texas, you want to do everything possible to strengthen your injury claim and improve your odds of success. One of your goals should be to minimize your losses as much as possible. This can prevent an insurance company from trying to diminish your payout by blaming you for “failure to mitigate damages.” Make sure to speak with a personal injury lawyer in San Antonio.
What Does Failure to Mitigate Damages Mean?
Mitigating damages refers to minimizing or reducing the losses suffered by an accident victim. In a personal injury case, the injured party or plaintiff has a responsibility to take reasonable measures to minimize the harm suffered in an accident. Examples include:
- Visiting a doctor or hospital without delay
- Following the recommended treatment plan
- Keeping up with appointments and medications
- Avoiding activities that could exacerbate the injury
- Securing property to prevent additional damage
- Attempting to seek alternative employment
- Keeping relevant receipts and records
Note that a victim’s duty of care only extends to what is reasonable. You are not expected to undergo expensive, inconvenient or difficult tasks to mitigate your losses. If you fail to reasonably mitigate your damages, however, this could hurt your insurance claim and ability to recover financial compensation.
The Effects of Failure to Mitigate Damages on a Personal Injury Case
By law, you have an obligation to act responsibly after an accident to keep your injuries and damages to a minimum. This safeguard is in place to protect defendants from having to pay for damage that they did not cause. Failure to mitigate could have adverse consequences, as it can give an insurance company a reason to argue that you caused or contributed to your own losses.
If an insurance company successfully proves that you failed to mitigate your losses or acted irresponsibly after your accident, this can reduce the value of your settlement. If your injuries were arguably worse because you failed to get medical care right away, for example, your settlement may be reduced to what your losses foreseeably would have been had you gotten prompt treatment.
Failure to Mitigate vs. Comparative Negligence
While failure to mitigate damages does not absolve the defendant of all fault or liability for the initial accident and injury, it can diminish your payout. If an insurance company attempts to blame you for the accident, the comparative negligence doctrine in Texas could bar you from making any financial recovery at all. If you are found to be more than 50 percent responsible for your condition, this will bar you from eligibility for financial compensation.
How Can a Personal Injury Lawyer Help?
The mitigation of damages is a complex legal topic that can make it difficult to achieve fair and full financial compensation during your personal injury claim in Texas. If you have received a notice from an insurance company asserting that you failed to mitigate your damages, contact a personal injury lawyer for advice and assistance.
An attorney can help you counter this defense with evidence proving that you made a reasonable effort to minimize your losses. This can result in maximum compensation for your medical bills, pain and suffering, lost wages, and other damages. Contact Hill Law Firm Accident & Injury Lawyers for a free consultation about your unique situation today.