Tim Paoli 
What you do after an accident can be just as important as what caused it when it comes to determining your compensation. This idea is known as “mitigating damages,” and it means taking a reasonable action to prevent further harm after the incident. This legal concept protects both sides: you recover what you truly lost, and the other party isn’t held responsible for losses that could have been avoided.
In this article, we explain what can happen if you, as an injured party, fail to mitigate damages, and what steps you can take to protect both your health and your right to full compensation.
What Is Damage Mitigation, and How Can It Influence Your Claim?
When you mitigate damages, you take steps to reduce the harm you’ve suffered after an injury or loss. Failure to do this might have negative consequences for both your health and your claim.
If the at-fault party manages to prove that you acted irresponsibly after the accident or that your actions led to the worsening of your injuries, your settlement can be reduced. On the other hand, when you act promptly and do everything to prevent further harm and speed up the recovery, this makes it harder for insurers to argue that you caused part of your own loss.
Duty to Mitigate Damages Explained
The principle behind the personal injury law is to find a fair middle ground between both parties. That’s why the injured party has not only rights but also obligations. The duty to mitigate damages is one of them. It’s designed to protect defendants from having to pay for damages they didn’t cause. You deserve full compensation for the harm someone caused you, but not for harm that could have been avoided if you had acted responsibly.
Mitigating Damages After a Car Accident
In our experience, the sooner clients begin medical care and document their recovery, the stronger their cases tend to be. Here’s what we recommend doing right after you realize you’ve been injured:
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Seek prompt medical care
Even if you believe your car crash injuries are minor, they may worsen later.
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Follow your doctor’s instructions
This not only helps you heal but also demonstrates that your treatment was necessary, which is crucial when you negotiate compensation.
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Avoid activities that could aggravate your condition
Even if a light physical activity seems harmless for your health, this can be interpreted by insurers as evidence that your injuries are less serious than claimed.
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Keep records and receipts
Every appointment and physical therapy visit must be documented, and prescriptions and medical bills should be saved, as these records prove you fulfill your legal duty to mitigate damages.
Importance of Medical Treatment and Supplies
In the first place, treatment is, of course, essential for your recovery. But it also plays an important role in the claims process. The care you receive, and the expenses connected to it, form the foundation for many parts of your personal injury claim.
Expenses for medical treatment, assistive devices or other medical supplies, and even travel to appointments can all be compensated as part of your economic damages. At the same time, treatment records can also strengthen a claim for non-economic damages, like pain, suffering, or loss of enjoyment of life. These losses are harder to measure, so courts and insurers seek credible evidence that demonstrates how your injuries have altered your normal life.
Failure to Mitigate Damages — What It Means
“Failure to mitigate” is a common argument raised by defense lawyers, and it usually suggests that your own actions contributed to worsening your condition. The legal defense might argue, for example, that you, as an injured party, ignored medical advice, missed therapy sessions, or returned to strenuous activity too soon.
Affirmative Defense in a Personal Injury Case
When defense lawyers raise a “failure to mitigate” argument, they’re relying on an affirmative defense. The defendant isn’t necessarily denying they caused the car accident, but they’re claiming you contributed to the extent of your own losses. They must then prove that your actions (or inaction) made the damages worse.
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How Mitigation of Damages Affects Your Compensation
When a personal injury victim doesn’t take reasonable measures to limit their losses, both insurance companies and courts may reduce the compensation awarded. This doesn’t cancel your right to recover but can diminish the value of your claim by the amount of harm that could have been avoided.
Let’s say your total damages are valued at $100,000, but evidence shows that timely medical treatment could have prevented $20,000 of additional medical costs. The court may award $80,000 instead.
Damage Mitigation Examples in Practice
Here are a few common examples where proving failure to mitigate damages can come into play:
- Delaying or refusing medical treatment: You may think that the pain would subside over time, or you want to avoid the expense of treatment. This is understandable; however, from a legal standpoint, such inaction gives insurers room to argue your injuries weren’t serious or that you caused avoidable consequences.
- Ignoring medical advice: If you, as an injured party, skip therapy sessions or return to physical work too soon, this can be interpreted as neglecting your recovery. The defense may argue that ongoing symptoms are the result of those actions rather than the original serious injury.
- Not attempting to seek employment: In legal claims involving lost wages, if you’re physically able but make no reasonable steps to find comparable work, the court may reduce your compensation for lost income.
FAQs
What does “mitigate damages” mean in personal injury law?
The mitigation of damages means doing what a reasonable person would do to reduce the impact of an injury and avoid unreasonable expenses after an accident. For instance, you need to seek prompt medical attention, follow medical advice, and avoid unnecessary risks.
What happens if I fail to mitigate damages after an accident?
Failure to mitigate damages affects your total settlement amount. If the insurance company or a court proves that you didn’t make reasonable efforts to mitigate non-economic and financial losses, you can still recover damages, but only the portion of harm that couldn’t have been avoided.
Who decides if enough was done to mitigate losses?
Ultimately, it’s the court or jury that decides whether your efforts were “reasonable.” They review your medical records, treatment schedule, your financial situation, and even your explanation for any delays.
Get Help Mitigating Damages
Unsure what actions could be interpreted as failure to mitigate damages? Contact us today for a free case review, and we’ll help you determine what you need to avoid and which steps would be in your best interest.
Whether in insurance negotiations or in full courtroom trials, we’ll present your actions in context, demonstrating that what you did was reasonable in your circumstances. Our team includes Boston bicycle accident lawyers, slip-and-fall specialists, car crash attorneys, and more — we understand how mitigation works in all types of personal injury cases.
Protect your claim before it’s questioned with legal guidance. Schedule a free consultation with Michael Kelly Injury Lawyers, and we’ll help you pursue the full compensation you deserve, whether through negotiations with insurers or a personal injury lawsuit.
Worried about the cost of legal services? Get started with no upfront cost — our lawyers work on the contingency fee basis.
