Personal Injury:

Obligation to Reduce Damages

In personal injury cases, the injured party has an obligation to take all reasonable steps to minimize the damaging effects and loss related to his or her injuries. A defendant in a personal injury case will often try to reduce the amount of damages the plaintiff may recover by showing that the plaintiff failed to take reasonable steps to reduce his or her loss following the injury. The rule of "mitigation of damages" denies a personal injury plaintiff the right to recover the part of his or her personal injury damages which the court or a jury finds could reasonably have been avoided.

Examples of this include:

  • Choosing not to have surgery
  • Failure to seek medical attention
  • Refusing medical treatment or disregarding advice
  • Use of alternative treatment
  • Failure to seek employment

If you have been injured, an accident attorney can take steps to ensure your right to personal injury compensation is protected. To speak to a personal injury lawyer in your area, complete the free case evaluation form on the right.