After accidents causing injuries, you have a legal obligation to minimize damages—essentially, to act reasonably to reduce harm and avoid making your situation worse. Failing to mitigate can significantly reduce your compensation.

What Mitigation Means

Mitigation requires taking reasonable steps to prevent your injuries from worsening and to minimize financial losses. This includes following medical advice, attending rehabilitation appointments, using prescribed medications, and avoiding activities that aggravate injuries.

Examples of Failure to Mitigate

If a doctor recommends surgery and you refuse without legitimate reasons, you’ve failed to mitigate. Skipping physical therapy appointments, ignoring treatment restrictions (like lifting limitations after back injuries), or continuing activities that worsen pain all constitute mitigation failures.

Medical Treatment Obligations

You must seek appropriate medical treatment promptly after accidents. Delaying treatment, avoiding doctors, or declining recommended procedures suggests your injuries weren’t serious or that you don’t genuinely believe treatment is necessary—both hurt your compensation claims.

Reasonable Activity Restrictions

You’re not required to remain completely bedridden, but you should avoid activities that aggravate injuries. If you claim back pain prevents work but post social media photos of sports activities, insurance companies will argue you haven’t genuinely mitigated.

Financial Mitigation

Mitigation extends to financial losses. If you lose employment income, you should reasonably attempt finding substitute work within your capabilities. Refusing available employment or rejecting reasonable job offers can reduce damages recoverable for lost wages.

How This Affects Compensation

Courts reduce damages by your failure to mitigate percentage. If you would have recovered $100,000 but failed to mitigate, reducing damages by 25%, you receive $75,000. This reduction comes directly from your recovery, making mitigation efforts financially important.

Working with Your Attorney

Discuss mitigation expectations with your lawyer. They’ll advise you on what treatment is necessary, what activities to avoid, and how your conduct affects your compensation. Following these recommendations protects both your health and your legal case.