The duty to mitigate damages can impact a personal injury claim

On Behalf of | Oct 9, 2018 | Personal injury

Seeking compensation after an accident that led to injuries often comes with claims for various types of damages. Many factors come into the equation when you are trying to determine how much to claim. There are some points that might impact the final numbers in your case.

One thing to consider is that you have a duty to mitigate your damages. There are several ways that you can do this, so understanding exactly how it applies to your case is beneficial. Here are some general guidelines to consider, but you should still find out exactly how things might benefit or harm your case since there are often unique considerations:

Medical treatments

Nobody can force you to have specific medical treatments. Instead, you have to weigh the risks and benefits that are present in your case and decide what course of action is best for your needs. Your doctor can help you to find out what might apply to your case, but you must do what you feel is best for you.

There is a chance that the damages you receive might be reduced if you don’t submit to treatments that could have improved the condition. The court might weigh the risks that each proposed surgery or other option presents when trying to determine how your refusal might impact your case.

Employment options

Sometimes, an injury means that you can’t return to your previous job. In these cases, it is up to you to try to mitigate the lost wages. You may need to look for another job that can support you or enter a training program that can give you the skills you need to find new employment.

It isn’t always easy to mitigate income loss damages after a serious accident, but you should do your best to try. Find out what options you have to earn an income in Illinois and then take the steps to make it happen.

A common ground

One thing to remember is that anything you are asked to do or need to do must be reasonable. This is a complex guideline since what is reasonable to one person might not be for another. It is a good idea to find out how the court might view the options that you have so that you can determine what you need to do.

Archives

FindLaw Network