The laws governing injury claims in Texas are primarily based on fairness. It’s unfair for the victim of someone else’s reckless, malicious, or predatory acts to bear the financial burden of the injuries they didn’t cause and couldn’t avoid. Conversely, the at-fault party is only liable for the injuries they cause and not pre-existing conditions.
Mitigation of damages is a textbook example of these fairness rules. It simply means that a party to a lawsuit cannot allow their losses to worsen or accrue if they can take actions to avoid that happening. If a party fails to mitigate its losses, it may lose the right to recover full compensation.
Keep reading to learn more.
Mitigation Of Damages
Mitigation of damages, also known as the duty to mitigate losses, is an affirmative defense. The at-fault party raises it when they have evidence that the injured party failed to take reasonable steps to mitigate their losses.
This doctrine applies to both property damage and injuries. Thus, a negligent driver’s insurer could assert that your actions or failure to act resulted in property or injury-related losses that you could and should have avoided. The touchstone for determining whether you failed to mitigate your losses is the reasonableness of your actions or omissions.
If you acted reasonably, you probably mitigated your losses to the extent required under the law. However, if a reasonable person in the same situation would have acted differently, you might have failed to avoid preventable losses. As a consequence, a court may reduce the compensation you receive.
For example, suppose that you slipped and fell in a restaurant. Rather than seeking medical care, you chose to treat your injuries at home. If the swelling in your arm were to later cause compartment syndrome, you could lose the affected limb.
The restaurant might assert that you failed to mitigate your damages when you refused medical care. As a result, you might only receive compensation for your losses up to the point where you lost your arm and not for the amputation injury itself.
Examples Of Duties To Mitigate Damages
In personal injury cases, there are usually several points where the victim must take steps to mitigate their losses.
First, they should seek reasonable care based on their injuries. Therefore, someone who has life-threatening injuries shouldn’t go home and schedule a doctor’s appointment. Instead, they should ask for an ambulance to take them to the emergency room.
Second, they should follow their doctor’s instructions, including those pertaining to:
- Restrictions on activities
- Treatment plans
- Use of medication
For example, imagine that your doctor tells you to avoid lifting anything for at least a month. You choose to ignore their advice to avoid upsetting your boss.
Even if your reasons were understandable, you may have acted unreasonably when you ignored direct medical instructions. As a result, you may lose the right to compensation for your injury due to a failure to mitigate.
Third, victims must typically follow their treatment plan. Your doctor’s plan may include surgery, non-surgical treatments, and physical therapy. If you unreasonably delay or skip steps in the plan, the at-fault party may assert that your injuries were worse than necessary.
Steps For Mitigating Losses
You can reduce the risk that the at-fault party will blame you for your losses by taking the following steps:
Seek Appropriate Medical Care
After your accident, seek medical attention as your injuries dictate. If your injuries are non-life-threatening, you can make an appointment with your doctor or visit a walk-in clinic. Conversely, if you have severe injuries, such as disabling pain or loss of consciousness, you should seek emergency care.
Getting examined early in the process helps in a few respects. First, you can get a diagnosis of your injuries and receive the care you need to prevent your condition from worsening. Second, your doctor will document your injuries, helping you prove that you took reasonable steps to reduce your losses.
Work With Your Doctor
Electing not to follow your doctor’s instructions can result in an accusation that you failed to limit your damages. However, this doesn’t mean you must follow your doctor’s instructions blindly. Doctors have legal and ethical duties to explore all options with you, including the option to decline care.
Talk to your care provider about your concerns, including financial difficulties, to identify a treatment plan that works for you. If your medical records reflect that you followed the steps laid out by your doctor, you can significantly reduce the risk that the other party will try to claim that you failed to mitigate your losses.
Contact a Fort Worth Personal Injury Lawyer for a Free Consultation
Every personal injury case is unique, and the steps you should take to avoid further harm may vary depending on the circumstances. Contact Parker Law Firm Injury Lawyers to arrange a free consultation with one of our Fort Worth personal injury lawyers. We can discuss your injuries and how you can mitigate your losses to pursue fair and adequate compensation. Call us at (817) 839-3143.
