Navigating the world of personal injury law can often feel overwhelming, especially when faced with unfamiliar legal jargon. One such phrase that frequently arises is the “mitigation of damages.”
Understanding this concept is crucial for anyone involved in a personal injury case, as it can significantly affect the compensation you might receive. In this article, we’ll break down what it means to mitigate damages, why it’s a fundamental aspect of personal injury law, and how it specifically applies to cases in Tennessee.
What Does “Mitigate Damages” Mean?
In simple terms, to mitigate damages means to take reasonable actions to reduce or minimize the harm and losses you experience due to an injury. When you’re involved in a personal injury case, whether after a car accident, a slip and fall, or any other type of injury, the law expects you to act reasonably to limit the financial impact of your injuries.
The Legal Basis for the Mitigation of Damages
The principle of mitigating damages is rooted in fairness and practicality. The legal system expects individuals to take reasonable steps to avoid worsening their situation after an injury. It’s not just a suggestion—failing to mitigate damages can directly affect the compensation you receive in a personal injury claim.
For example, suppose you suffer an injury but do not seek prompt medical attention, and your condition worsens. In that case, the court may reduce your compensation because you did not mitigate your damages.
What Are Some Examples of Mitigating Your Damages After an Injury?
To help you understand how to mitigate your losses after an injury, here are some easy examples:
- Get medical help quickly
- Follow the doctor’s orders
- Go back to work if you’re cleared to do so
- Avoid making your injuries worse
- Spend money wisely
By taking these simple steps to reduce your losses, you’re not only aiding in your own recovery but also strengthening your personal injury case. Showing that you’ve made an effort to minimize your damages can help protect the compensation you’re entitled to.
Remember, every action you take can make a difference, so it’s important to be proactive and responsible with your health and finances after an injury. If you’re ever unsure about what steps to take, always consult your attorney for guidance.
Why Is It Important To Mitigate Your Damages?
Failing to limit your losses after an injury can affect your personal injury case. In Tennessee and across the U.S., the amount of money you can get for your damages might decrease if the other side shows that you didn’t do enough to mitigate your losses. The idea is that you shouldn’t get extra money for problems you could have reasonably avoided.
Legally, the other side might allege “comparative negligence,” meaning you are partly to blame for your injury or financial losses. How much your compensation is reduced depends on the details of your case and how much your actions added to your overall problems.
Building a Strong Personal Injury Case
Documenting your efforts to mitigate damages can strengthen your case. Keep detailed records of your medical treatments, follow-up appointments, and any advice your doctor gives. If you missed work, save correspondence between you and your employer regarding your injury and potential accommodations.
This documentation is crucial for demonstrating your efforts to mitigate damages. It can help counter any claims from the defense regarding your responsibility for additional losses.
Your Rights and Responsibilities When It Comes To Mitigating Your Losses
While you are responsible for mitigating damages, it’s important to remember that your obligation is to take reasonable steps, not extraordinary ones. The law understands that every individual’s situation is unique, and what is reasonable for one person may not apply to another. Age, health, and employment circumstances can all influence what the court considers reasonable.
Furthermore, consult your attorney immediately if an insurance company or the defendant’s legal team suggests that you haven’t adequately mitigated damages. A knowledgeable personal injury lawyer can help present evidence demonstrating your efforts and counter any misleading claims.
How Can a Failure To Mitigate Affect Your Case in Tennessee?
Tennessee follows a modified comparative fault system, which affects how the mitigation of damages is assessed. If you are found to be partially responsible for your injuries or the extent of your damages due to failure to mitigate, your compensation could be reduced.
In Tennessee, if you are found to be less than 50% at fault, you can recover damages, although they will be adjusted according to your share of responsibility.
Being proactive in managing your injuries and losses is not just for legal reasons; it also aids your recovery process. The faster you address your injuries and follow medical advice, the quicker your road to recovery typically is, both physically and financially.
Consult with a Nashville Personal Injury Lawyer as Soon as Possible
Understanding the mitigation of damages is vital for anyone involved in a personal injury case. Taking reasonable steps to limit your losses helps your recovery and plays a crucial role in the strength of your legal claim.
Our legal team at Labrum Law Firm Personal Injury Lawyers are here to help. Contact us today or call at (615) 685-8546 to schedule a free case evaluation with an experienced Nashville personal injury attorney. We will fight to get you the maximum compensation for your personal injury case.
