Personal Injury Lawyers » What is the Plaintiff’s Duty to Mitigate Damages?

The Injured Party Has a Duty to Mitigate (or Prevent Further Aggravation of) Their Injuries Following an Accident

If you’ve been injured by someone else’s negligent or reckless conduct, it’s important that you take certain actions to preserve your case against the party responsible for your injuries. One of those actions is to “mitigate” your injuries; that is, you need to take action to prevent your injuries from being aggravated. Failure to mitigate your injuries may prevent you from recovering the entire amount of compensation you deserve for your injuries. Thus, to ensure that your injuries are fully compensated, you should retain an experienced personal injury attorney that knows how to assist injury victims with mitigating their injuries. The attorneys at Our Law Offices have the skill and experience necessary to advise you on how to mitigate your damages so you aren’t stuck paying for your own injuries.

Personal Injury Victims Have a Duty to Mitigate Their Damages

Texas law requires personal injury victims to prevent their injuries from becoming aggravated by acting in a manner that should minimize the harm they’ve suffered and seeking medical attention when necessary. Usually, this means that a personal injury victim should take care not to engage in activities that will aggravate their injuries, such as participating in contact sports or lifting heavy objects. Moreover, personal injury victims have a duty to ensure that an injury isn’t aggravated by foregoing medical attention, and should contact a doctor or seek emergency healthcare as soon as possible after they are injured. More info here @ https://fordandlaurel.com

Potential Consequences for Failing to Mitigate Your Damages

If you fail to mitigate your damages, the judge in your case may decrease the amount of compensation you can recover from the defendant for your injuries. However, it’s important to note that failure to mitigate your damages is not a complete bar to recovery; rather, failure to mitigate your damages will only reduce the compensation you can recover from the defendant, as the court will adjust your award to reflect the portion of your injuries for which the defendant is responsible.

To illustrate the importance of mitigating damages in personal injury cases, consider this example of an injured car accident victim. In this example, a driver was on his way to play a friendly game of football with his friends when he was suddenly hit by a negligent driver and suffered a partially fractured collarbone as a result. Although the driver is in significant pain and has noticed intense swelling around his collarbone, he decides to play football with his friends anyway.

During the football game, the driver is tackled hard which caused his collarbone to completely break and become infected after it protruded through his skin. The injured driver then sued the negligent driver responsible for partially fracturing his collarbone for the full extent of his injuries.

However, the court will reduce the driver’s recovery to reflect the fact that the driver was only responsible for partially fracturing the driver’s collarbone, and the victim was responsible for aggravating his injuries so that he had a completely fractured collarbone that became infected.

Best Practices for Mitigating Your Damages

As you can see, mitigating the injuries you’ve suffered caused by someone else’s negligence or recklessness is extremely important not only to your health but to ensure that you are fully compensated for your injuries. To achieve these goals, you should be sure to do three things: seek medical attention as soon as possible, take care to stabilize and not aggravate your injuries, and contact the experienced personal injury attorney at Our Law Offices. Our attorneys have more than two decades of experience representing personal injury victims, and are available any time, day or night, to provide a free consultation regarding your injuries and what you might need to do to mitigate your damages. More information about Personal Injury Law here @ https://no1-lawyer.com/

Regrettably, here in our office, we have handled many serious personal injury cases involving traumatic amputations, usually arising in the context of a bad car accident or tractor-trailer collision. Just this past week, we settled a case involving a young man who lost his foot. Not long ago we settled an automobile accident case involving a gentleman who lost his leg. In both cases, we were reminded just how traumatic these cases can be for the innocent victims of the negligence of third parties. Suffice it to say, such injuries have life altering consequences that are permanent in nature, both physically and psychologically. The good news is that many of these clients can through modern medical treatment go on to live full and happy lives. For some, however, the road to recovery is a very long one.

One of the issues one must deal with in these cases is the need for a prosthetic device which will have to be replaced many times over time. Most prosthetic devices only last for a few years and have to be refitted or replaced. These devices many times are hand made and custom fitted and are very expensive. Thus, when analyzing the needs of such a client over the course of his or her life, one has to take into consideration how many different prostheses will be needed to address the client’s needs into the future. Of course, any time any one loses a limb, particularly a leg, there can be collateral consequences to the rest of the body. If one loses a right leg then the left leg has much more strain on it as does the back and the entire body. This can result in other problems for the client in addition to the amputation. Moreover, as discussed above, there is also the problem of psychological adjustment to these very serious injuries. One’s self image obviously can be greatly affected and depending on the makeup of the individual, either the adjustment is a good one, that is the client does adjust, or a bad one, that is that they simply cannot adjust to the lifestyle change and the overall change in their life. More information on this website @ https://www.carabinshaw.com/odessa-truck-accidents.html
A traumatic amputation case not only effects one physically and mentally but can result in profound consequences for one’s career. If one’s occupation involves a great deal of manual labor, obviously, the consequences of such an injury can be devastating. Climbing ladders, stooping, bending, lifting, all of these activities which so many of us take for granted can be greatly affected by a traumatic limb amputation.

Our experience handling these cases has indicated that one must be extremely cautious in trying to assess the needs of such clients. Professionals have to be consulted with respect to the future costs of prosthetic devices, the future costs of medical care, the likely consequences of the injury on other parts of the body and an assessment of the economic impact of the injury as it pertains to the client’s occupation. Great care and attention to all of these matters must be observed if the client’s interests are to be effectively represented. Click on this link for more information @ https://caraccidentattorneysa.com/truck-accident-lawyers-san-antonio/