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Mitigating Damages After a Personal Injury Accident

October 2, 2013 By Paul Giannetti

Mitigating Damages After AccidentIf you have been injured as a result of the negligence, recklessness, or intentional actions of another, the law requires that you mitigate your damages. In simple terms, this means that you will need to use reasonable care and diligence to minimize your injury. To effectively do this, there are certain actions that you must take. For example:

Go to all of your doctor’s appointments

After you file a personal injury lawsuit, your medical records will be provided to the insurance company. If you miss an appointment, the record will say “no show.” This looks bad and may hurt your case because it indicates that you may not be as hurt as you claim and therefore do not need to be compensated for injuries or medical costs. If the medical record contains little or no medical evidence, then the likelihood of obtaining a substantial
settlement or jury verdict is severely reduced. Additionally, if you need to cancel an appointment, give your doctor as much notice as possible to avoid irritating him or her. You want the doctor to be on your side when it comes to a personal injury case, especially if he or she will be a witness at trial.

Follow your doctor’s recommendations

If your doctor tells you that you need to stay home from work, take certain medications, or to avoid certain activities, you must adhere to those recommendations. Not only will this aid in supposed to mitigate your damages, it will show that you are committed to recovering from an injury, not exacerbating it. If you do not follow your doctor’s advice, this can hurt your case when it comes time to settle or go to trial.

Be sure to schedule and attend physical therapy sessions as your doctor prescribes

If your doctor recommends specific exercises or physical therapy to help you recover from the injury (as is frequently done when there are soft tissue injuries), you must show up for your appointments and actively participate in the therapy. Just like with doctor’s appointments, if you are a “no show” for therapy sessions, it will look bad when it comes to settlement or trial.

Following all of your doctors recommendations as well as contacting a qualified injury attorney will ensure that you are on the right track to obtaining the compensation you deserve.

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