After a serious accident, your first priority is recovery. If someone else’s negligence caused your injuries, you also have the right to hold them financially responsible. However, under Florida law, injury victims may also have a legal duty to mitigate their damages. This means taking reasonable steps to prevent your injuries from worsening.
Insurance companies frequently look for opportunities to argue that an injured person failed to mitigate their damages. If they succeed, they could reduce the amount they are required to pay.
Understanding this concept – and how to protect yourself – can make a significant difference in the outcome of your claim. This article will explain the concept of mitigating damages and how you can best protect yourself.
What Does It Mean to Mitigate Damages?
To mitigate damages means to take reasonable steps to reduce the impact of your injuries after an accident. This does not mean you are expected to heal instantly or bear costs that you cannot afford. It simply means that you must act in a way that a reasonable person would in your situation.
Examples of mitigating damages include:
- Seeking prompt medical treatment
- Following your doctor’s instructions
- Taking prescribed medications
- Attending physical therapy or follow-up appointments
- Returning to work even after you have been cleared by your doctor
- Avoiding activities or behaviors that may worsen your condition
If you ignore medical advice or delay treatment, the insurance company may claim your condition worsened because of your own actions – not the accident. That can jeopardize the compensation you are entitled to receive.
When Does Mitigation Become an Issue in a Personal Injury Case?
Insurance companies are financially motivated to reduce or deny claims whenever possible. One of the most common arguments they make is that the victim didn’t do enough to minimize the effects of their injuries. If the insurance company convinces the court that you failed to mitigate damages, they may reduce the compensation you receive.
Mitigation commonly becomes an issue when:
Medical Treatment Was Delayed
A significant delay in seeking medical treatment can lead the insurance company to assert that your injury is minor or not a direct consequence of the accident.
You Ignored Medical Advice
Skipping follow-up appointments, returning to strenuous activity too soon, or refusing recommended procedures may give insurers an excuse to reduce your damages.
You Stayed Out of Work Longer Than Necessary
If a doctor releases you to light work and you refuse to return, the insurance company may dispute your lost wage claim.
Social Media Contradicts Your Claims
Photos or statements suggesting physical activity or travel can be used as evidence that you have not been following medical restrictions.
In all of these scenarios, the insurance company is looking to shift responsibility. It isn’t because you did anything wrong, but because paying out less is a financial benefit to them.
How Florida Law Treats Failure to Mitigate Damages
If the defense shows that you failed to mitigate, they may be able to reduce the amount of compensation awarded to you.
However, the burden is on the insurance company or defendant to prove that you had a reasonable opportunity to prevent further harm and you failed to take reasonable steps to do so.
This is where having an experienced lawyer on your side becomes critical for your case.
How an Experienced Personal Injury Lawyer Can Help
Insurance companies often misuse the mitigation argument to avoid paying fair compensation. Your attorney’s job is to ensure that doesn’t happen.
Your lawyer can help by:
- Documenting your medical care to ensure there is a clear record of your efforts to recover
- Communicating with your doctors to verify that your treatment is appropriate and necessary
- Advising you on what to avoid (such as risky activities or harmful social media posts)
- Countering unfair insurance accusations that you made your injuries worse
- Presenting expert testimony if the insurer challenges your treatment decisions
Your attorney will work diligently to show that your injuries and financial losses are real, medically supported, and directly caused by your accident. Strong evidence will help avoid any allegations that you failed to mitigate the risk.
Contact Graves Thomas Injury Law Group for a Free Consultation With a St. Petersburg Personal Injury Lawyer
When you seek timely care, follow medical advice, and document your recovery, you can protect your health and your legal claim. However, you shouldn’t have to navigate the legal process alone.
At Graves Thomas Injury Law Group, we provide guidance, advocacy, and support for injured victims. If you’ve been injured and want to ensure your rights are defended, contact us today for a free consultation. We are here to stand with you and fight for the compensation you deserve.
