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New York expects injured people to take reasonable steps to avoid worsening their injuries. Learn what the duty to mitigate damages means. Call (718) 268-8800.
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After an accident, the steps you take during your recovery can affect both your health and your personal injury claim. New York law generally expects injured people to take reasonable actions to avoid making their injuries worse. This legal principle is known as the duty to mitigate damages.
Understanding what it means can help protect both your recovery and your right to compensation. If you have questions about your claim, contact Davidoff Law at (718) 268-8800 for a free consultation.
What Does It Mean to Mitigate Damages?
To mitigate damages means taking reasonable steps to reduce or prevent additional harm after an injury.
In a personal injury case, this generally means following appropriate medical advice and making reasonable efforts to recover rather than allowing your condition to worsen unnecessarily.
Mitigating damages does not mean you must make perfect decisions or undergo every possible medical procedure. Instead, the law generally expects injured victims to act as a reasonable person would under similar circumstances.
Examples of mitigating damages include:
- Seeking medical attention promptly.
- Following your doctor's treatment plan.
- Attending follow-up appointments.
- Taking prescribed medications as directed.
- Participating in recommended rehabilitation or physical therapy.
- Keeping records of your treatment and expenses.
Taking these reasonable steps can support both your recovery and your personal injury claim.
Why Does Mitigating Damages Matter?
The duty to mitigate damages can affect the amount of compensation you ultimately recover. If the defendant argues that your injuries became worse because you failed to take reasonable steps after the accident, they may ask the court to reduce the damages awarded.
For example, if an injured person ignores medical treatment and their condition worsens as a result, the defendant may argue they should not be responsible for the additional harm that could reasonably have been avoided.
However, simply raising this argument is not enough. Whether mitigation becomes an issue depends on the specific facts of the case and the evidence presented.
How Can You Mitigate Damages After an Accident?
Taking reasonable steps after an accident can help protect both your health and your legal claim. While every situation is different, the following actions are generally recommended:
- Seek medical attention as soon as possible: Prompt treatment helps identify injuries early and creates medical records connecting them to the accident.
- Follow your doctor's recommendations: Following prescribed treatment demonstrates that you are making reasonable efforts to recover.
- Attend scheduled medical appointments: Missing appointments without a valid reason may make it more difficult to document your recovery.
- Take medications as directed: Following your treatment plan can help prevent complications and support your claim.
- Participate in recommended rehabilitation or physical therapy: Completing rehabilitation may improve your recovery while documenting the ongoing effects of your injuries.
- Return to work when your doctor says it is safe: Returning too soon can worsen your injuries, while delaying your return without medical justification may raise questions about your damages.
- Keep records of your treatment and expenses: Save medical records, bills, receipts, and other documents related to your recovery.
Reasonable efforts, not perfect ones, are what matter. Every recovery is different, and the appropriate course of treatment depends on your specific injuries and your healthcare provider's recommendations.
What Is NOT Required to Mitigate Damages?
The duty to mitigate damages requires reasonable efforts to support your recovery, not extraordinary ones. You are generally not expected to take actions that are unsafe, excessively expensive, or medically unreasonable simply to reduce another person's liability.
For example, mitigating damages does not necessarily require you to:
- Undergo every medical procedure your doctor recommends.
- Accept treatment that carries significant risks.
- Return to work before your doctor says it is safe.
- Pay for medical care you genuinely cannot afford.
- Make perfect decisions throughout your recovery.
Whether you acted reasonably depends on the specific facts of your case, including your medical condition, financial circumstances, and your healthcare provider's recommendations.
What Happens If You Fail to Mitigate Damages?
Failing to mitigate damages does not automatically prevent you from recovering compensation. However, if a defendant can show that your injuries became worse because you did not take reasonable steps to reduce your losses, the court may limit the damages recoverable for that additional harm.
Whether this applies depends on the circumstances of your case. Courts generally consider whether your actions were reasonable under the circumstances and whether different actions would likely have reduced your damages.
If the insurance company argues that you failed to mitigate your damages, experienced legal representation can make a significant difference. Call Davidoff Law at (718) 268-8800 today for a free consultation.
Common Examples of Failure to Mitigate Damages
Whether someone failed to mitigate damages depends on the specific facts of the case. Simply experiencing ongoing pain or a lengthy recovery does not automatically mean you failed to take reasonable steps after an accident.
Ignoring Medical Treatment
Delaying or completely avoiding medical treatment without a reasonable explanation may allow the defendant to argue that your injuries became more severe than they otherwise would have been.
Missing Medical Appointments
Repeatedly missing follow-up appointments or failing to continue recommended treatment may make it more difficult to demonstrate the extent of your injuries and your efforts to recover.
Failing to Follow Medical Advice
If a healthcare provider recommends reasonable treatment, rehabilitation, or activity restrictions, ignoring that advice without a valid reason may become an issue in your claim.
Refusing Reasonable Medical Care
Not every recommended procedure must be accepted. However, refusing reasonable treatment that is likely to improve your condition may affect the compensation available if the refusal unnecessarily worsened your injuries.
Returning to Risky Activities Too Soon
Returning to strenuous work, sports, or other physical activities before your doctor says it is safe may aggravate your injuries. If this results in additional harm, the defendant may argue that those damages could have been avoided.
Does Every Delay in Treatment Mean You Failed to Mitigate Damages?
No. A delay in treatment does not automatically mean you failed to mitigate your damages. There may be legitimate reasons why medical care was delayed, such as difficulty recognizing the seriousness of an injury, limited access to healthcare, or other circumstances beyond your control.
The defendant generally must show that the delay was unreasonable and that it caused your injuries to become worse than they otherwise would have been.
Who Has the Burden of Proving Failure to Mitigate Damages?
The defendant generally has the burden of proving that an injured person failed to mitigate their damages. It is not enough to simply argue that additional treatment could have been obtained.
To support this defense, the defendant may rely on evidence such as:
- Medical records
- Expert medical testimony
- Treatment histories
- Appointment records
- Employment records, when relevant
Because mitigation often depends on medical evidence, maintaining complete treatment records can help address disputes about your recovery.
Can the Insurance Company Argue That I Failed to Mitigate Damages?
Yes. Insurance companies sometimes argue that an injured person's actions after an accident increased the value of the claim. They may point to delayed medical treatment, missed appointments, or failure to follow a doctor's recommendations as reasons to dispute part of the damages being claimed.
However, these arguments do not automatically reduce compensation. The facts of each case matter, and the defendant generally bears the burden of proving that the injured person failed to take reasonable steps to limit their damages.
Can You Still Recover Compensation?
Yes. Failing to mitigate damages does not automatically prevent you from recovering compensation for your injuries. Instead, it may reduce the amount of damages awarded if the defendant proves that some of your losses could have been reasonably avoided.
This principle is different from New York's comparative negligence rule. Comparative negligence focuses on your role in causing the accident, while mitigation concerns the reasonable steps you took after the accident to prevent your injuries from becoming worse.
Frequently Asked Questions (FAQs)
Do I have to accept every medical treatment my doctor recommends?
Can missing one medical appointment hurt my case?
What if I couldn't afford medical treatment?
Can the insurance company deny my claim because I failed to mitigate damages?
Contact Our Personal Injury Lawyer at Davidoff Law for a Free Consultation
Insurance companies often raise mitigation arguments to reduce the value of personal injury claims. Davidoff Law can help protect your rights and pursue the full compensation you deserve. If you have been injured because of someone else's negligence, contact us today at (718) 268-8800 for a free consultation.
Our experienced personal injury attorneys can protect your rights and pursue the full compensation available under New York law.
Ruben Davidoff, founder of Davidoff Law, established his practice in 2012 after moving to Queens in 1988 and beginning his legal career in 1997. Admitted in NY State and the US District Court for the Eastern District of NY, he has extensive experience in personal injury, handling various cases like airline crashes, auto accidents, and slip/trip and fall cases. Mr. Davidoff provides personalized attention, recovering millions for clients through settlements or verdicts, leveraging decades of experience.
