Personal Injury Case: Mitigate Your Damages With These Measures

Law Blog

As a plaintiff in a personal injury case, you are obligated to mitigate your damages by any reasonable means. If you don't, then your defendants can move to reduce your compensation by claiming that you contributed to your condition. Here are some of the common ways in which you can alleviate your damages:

Seeking Prompt Medical Care

The first measure is to seek medical attention for your injuries. In fact, you should do this as soon as possible so that your injuries do not get more serious. If you aren't sure that your injuries require professional medical treatment, don't worry. The courts recognize that this is a possibility. For example, if you hurt your ankle in a slip and fall accident, you may think that it is just a simple sprain while it is broken. A delay in such a situation is reasonable because that is an assumption that a reasonable person can make. However, you cannot be excused if the injury is very obvious.

Consenting to Medical Treatment

The other obligation you have is to consent to medical treatment. As you know, you can seek medical attention but fail to accept the advice dispensed by your doctor. A good example is if the doctor treating you advises you to go for follow-up checkups, and you don't make the consultations. The opposing legal team can argue that your refusal of the follow-up sessions intensified your injuries.

Common ways in which people decline medical treatment include:

  • Refusing surgery by claiming that it is inherently risky
  • Opting for at-home treatments instead of hospital care
  • Choosing alternative treatments instead of conventional medicine

Obviously, nobody can force you to comply with your doctor's orders, but the court may listen to your respondent's plea to reduce the compensation. There are exceptions to this rule. For example, it is reasonable to decline an experimental form of medication whose risks are still unknown.

Seeking Employment

Lastly, you are also expected to seek employment, even if you think that your injuries may bar you from getting a job. Compensation for lost earnings is one of the damages usually awarded in personal injury cases, but this should only be the case if your injuries make it impossible for you to perform any meaningful work for which you are qualified.

Consider an example where you are a truck driver who has lost his legs in an accident. Although you may not be able to drive, there may be other jobs you are qualified for, such as being a driving instructor.

If you have more questions about mitigating your damages, visit this site or speak with a personal injury lawyer.


3 December 2014

Every Business Owner Needs to Be Well-versed in Law

While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!