How Does The Mitigation Of Damages Principle Apply To Your Car Accident Case?

The Mitigation Of Damages Principle is a legal concept in various civil cases. Essentially, it prevents victims from receiving damages where they could have reasonably avoided their injuries or minimized their cost and impact.

One typical example is in personal injury cases where the plaintiff failed to seek medical treatment or follow medical advice. It could worsen their injuries, lowering the monetary amount they can recover.

Medical Bills

A victim of harm is required by law to follow the mitigation of damages principle. This duty requires that the injured party seek and follow medical advice to reduce their injuries and avoid complications.

You could violate this duty if you are hurt in a car accident and ignore or reject your doctor’s advice. It could result in a reduced amount of your damages, or it may even prevent you from recovering at all.

It is why consulting with a car accident attorney from Lampert and Walsh is essential. They will be able to explain the impact your failure to mitigate damages might have on your case. They will also be able to help you with your insurance claims.

Property Damages

The mitigation of damages principle is essential to a car accident case. It ensures that you only receive damages for losses that you suffered.

The concept of mitigation is simple: You must take reasonable steps to limit your loss. It may include getting medical treatment and wearing protective gear to protect yourself from additional harm.

For example, if you sustain a broken leg in a car accident, wear knee braces or other equipment to protect your injury and speed up healing. It is called “mitigating” your losses, which you should try to do as quickly as possible after an accident.

However, some plaintiffs hesitate to follow these recommendations because it costs money. It is a situation where the defendant may be able to argue that the plaintiff’s failure to mitigate damages.

Lost Wages

When a person misses work because of injuries from a car accident, it can cause financial hardship. People must pay their rent and put food on the table without their paychecks.

As a car accident victim, you may be entitled to recover lost wages. It is especially true if you’ve been out of work for an extended period.

A good car accident lawyer will calculate your lost wages and determine how much you are entitled to receive. The amount will depend on various factors, including your salary or hourly wage, the number of days you missed due to your injuries, and your earning potential.

Getting a fair settlement for your loss of income can be tricky. The key is gathering documentation, such as a disability slip or medical records from your doctor, that indicate your injury and how long you could work. Other essential paperwork includes a letter from your employer verifying that you missed work and a pay stub or tax filing for proof of earnings.

Pain and Suffering

You probably experienced both physical pain and emotional distress if you were hurt in a car accident. You may have lost a limb, suffered disfigurement or scarring, or had to deal with post-traumatic stress disorder (PTSD).

The insurance company will value your pain and suffering according to the severity of your injuries. Minor damage with minimal recovery time will receive a multiplier of 1.5 or 2, whereas an accident victim with a life-long disability may receive a multiplier of 5.

To prove your claim, journal your physical and mental injuries and how they affect your day-to-day activities. You can also get written statements from family members, friends, and caretakers that describe how your injuries have impacted your daily routine. Photographs and videos can help too.

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