In Las Vegas, failure to mitigate damages is a frequent defense. Insurance companies and at-fault parties often use this defense to reduce paying full compensation for personal injury claims. Understanding your legal rights and responsibilities regarding mitigation is essential to protecting the value of your case. Here are some steps you can take to safeguard your compensation.
What Does It Mean to Mitigate Damages After an Accident?
Mitigating damages is a legal principle that requires injured individuals to minimize the impact of their injuries. Even if the accident wasn’t your fault, Nevada law requires you to take action. This means taking the steps a reasonable person would take under similar circumstances to prevent further harm.
For example, seeking prompt medical attention after an accident and following prescribed treatments are considered mitigating actions. On the other hand, ignoring medical advice could be viewed as a failure to mitigate damages, which can end up reducing the value of your claim.
What Are Some Examples of “Reasonable Steps” to Mitigate Damages?
Nevada courts use the “reasonable person” standard to determine if the accident victim met their duty to mitigate. Generally, this means you should act as a prudent person would under the same set of circumstances. A jury will assess whether your actions align with what a reasonable person would have done. Your damages may be reduced if they find that you neglected this duty.
To give some examples of when someone owes a duty to another:
- Drivers are expected to obey traffic laws.
- Property owners are expected to keep guests safe from known dangers on their property.
- Doctors are expected to provide high-quality medical care to their patients.
Generally, determining what a reasonable person would do in a given set of circumstances is a matter of common sense.
Consequences of Failing to Mitigate Damages
Failing to mitigate damages can affect both economic and non-economic damages, such as:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Out-of-pocket expenses
- Mental anguish
- Emotional distress
To maximize the value of your damages, you should mitigate your damages. You don’t want to leave any money on the table when you are seeking compensation for your claim.
How to Prevent Allegations of Failing to Mitigate Damages
You can’t entirely prevent the at-fault party from alleging failure to mitigate. However, you can take proactive steps to strengthen your position:
- Seek Immediate Medical Attention: Get checked out by a medical professional as soon as possible. This will help document your accident and your injuries.
- Follow Medical Advice: Complete any recommended treatments, including physical therapy and follow-up visits as prescribed.
- Document Your Efforts: Keep detailed records of all medical appointments and treatments, including any restrictions or limitations provided by your doctor.
- Comply With Work and Activity Restrictions: Refrain from work or regular activities until your doctor gives you the green light. If you strain yourself, it could impact your case.
- Stay on Top of Medications and Symptoms: Follow prescriptions and notify your healthcare provider of any new or worsening symptoms.
- Consider a Second Opinion if Necessary: If you disagree with your doctor, seek a second opinion promptly. You don’t want to neglect your health or your symptoms.
If you follow these guidelines, you will help prevent a failure to mitigate argument. More importantly, you will help yourself recover from your injuries as soon as possible.
Documenting Your Efforts to Mitigate Damages
A strong paper trail, including medical records and appointment logs, helps show that you took your duty to mitigate seriously. Your medical history can also record any gaps in treatment. This is something to be aware of, as any treatment gaps can work against you in your case. This is why it is very important to follow medical advice.
Contact to a skilled personal injury attorney from De Castroverde Accident & Injury Lawyers today at (702) 222-9999 if you need help with your insurance claim. They can handle negotiations with your insurance company and make sure that you receive the compensation you deserve.