Mitigating Damages

When you’re injured because of someone else’s negligence, you are responsible for acting reasonably to limit the harm caused. This is called mitigating damages. In personal injury cases, it means doing what you can to reduce your losses. For example, you might need medical care immediately or follow your doctor’s instructions to heal properly.

If you don’t take reasonable steps to minimize your injuries, the at-fault party can use that against you. They might argue that your actions (or inactions) made things worse and that they shouldn’t have to pay for those extra costs. This is called the failure to mitigate damages, a common defense in personal injury claims.

Common Examples of Failing To Mitigate Damages

Common Examples of Failing To Mitigate Damages

There are several ways an injured person could fail to mitigate damages. Here are some examples:

  • Failing to seek medical care
  • Ignoring the doctor’s advice
  • Going back to work too soon
  • Unnecessary spending

If the defense can prove you failed to mitigate damages, the court might reduce the compensation you can recover.

Damages You Can Recover in a Personal Injury Claim

You can usually seek compensation for your losses if you’re injured in an accident. These losses are known as damages and fall into two main categories: economic and non-economic.

Economic damages cover your financial losses, such as:

  • Medical bills
  • Lost income
  • Reduced earning ability
  • Property damage

Non-economic damages account for losses that don’t have a clear price tag, including:

  • Pain and suffering
  • Loss of enjoyment
  • Emotional anguish

In rare cases, courts might also award punitive damages. These are meant to punish the at-fault party for especially reckless or harmful behavior.

How Mitigating Damages Affects Your Case

Failing to mitigate damages doesn’t automatically mean you’ll lose your case, but it can reduce the compensation you receive. The at-fault party might argue that you made your injuries worse or didn’t take reasonable steps to minimize your losses. If they succeed, the court could reduce your award.

For instance, let’s say you were entitled to $50,000 in damages. However, because you didn’t follow your doctor’s advice, the court determined that $10,000 of your medical costs could have been avoided. In this case, your award might be reduced to $40,000.

To protect your claim, it’s essential to:

  • Get medical treatment right away
  • Follow your doctor’s recommendations
  • Keep records of your treatment and expenses
  • Avoid activities that could worsen your injuries

An attorney can help protect your right to compensation after an accident.

How To Prove You Mitigated Damages

If the defense claims you didn’t mitigate damages, you’ll need evidence to prove otherwise. This might include:

  • Medical Records: documentation of your treatment and adherence to medical advice
  • Receipts: proof of expenses related to your recovery
  • Witness Statements: testimony from doctors, therapists, or other professionals

An experienced personal injury lawyer can help you gather and present this evidence effectively.

How Much Time Do You Have to File a Personal Injury Claim in Florida?

If you’ve been injured in Florida, you must file your personal injury claim before the statute of limitations expires. Generally, you have two years from the date of the accident to file a personal injury lawsuit.

However, there are exceptions:

  • Cases Involving Minors: The timeline may be extended if the injured person is under 18.
  • Claims Against Government Entities: These often have stricter deadlines, sometimes as short as six months.

You will likely be barred from recovery if you miss the deadline, so acting quickly is important. An attorney can help ensure you file on time and meet all legal requirements.

If you’ve been injured in an accident, contact a Stuart personal injury lawyer at Kibbey Wagner Injury & Car Accident Lawyers for a free consultation. Call us today at (772) 444-7000.