Mitigation Of Damages In Injury Cases

Many people who are victimized in accidents caused by the negligence of others immediately conclude that the negligent party will pay for everything, no matter what. This conclusion is only partially correct.

An injured person must work to keep their damages to a minimum. They must mitigate their damages.

As an example, you rent a car while your vehicle is in the body shop being repaired. Instead of renting an economy car you rent a luxury car at $150.00 per day. And you keep the rental for a week after your vehicle has been repaired.

In a different example, your pain makes it difficult for you to do your job. Your doctor places you on no-work status for a week. Instead, you take three weeks off and run long-overdue errands during the latter two weeks. You could have worked during these two weeks but chose to rest a little longer until the pain went away.

Chances are, the insurance adjuster or defense attorney will argue that your compensation should be reduced because you failed to mitigate your damages.

Remember, the negligent driver is responsible for your damages but the damages must be reasonable under the circumstances.

If you or a loved one has been involved in a car accident, motorcycle accident or pedestrian accident, reach out to the experienced lawyers at Select Law. With our extensive experience in the legal field, we know what it takes to win your case. Call us at (425) 891-6691 to arrange your FREE CONSULTATION with an experienced attorney (in person, phone, zoom or your residence/hospital)

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