If you were hurt because of someone else’s negligence in Missouri, you may be able to file a personal injury claim to recover compensation. However, there’s an important legal concept you should understand: the duty to mitigate damages.
Failing to mitigate damages can reduce the amount you recover significantly. Here’s what this concept means under Missouri law and how it could affect your personal injury case.
What Does It Mean to Mitigate Damages?
When you’re injured, you should take reasonable steps to avoid worsening your injuries or allowing your losses to grow unnecessarily. This is called mitigating damages.
It does not mean you must go to extreme lengths or take risks; it simply means you must act as a reasonable person would under the circumstances. If you don’t, the at-fault party can argue that you failed to mitigate damages and ask the court to reduce your compensation.
The Impact on Your Personal Injury Case
Missouri law follows the principle that injury victims should not recover compensation for losses they could have avoided with reasonable effort. If you fail to mitigate damages, the other side can use this against you during your personal injury case.
For example, if you ignore your doctor’s advice and your injury worsens, the defendant may argue that they should not be responsible for the added medical costs or the extra time you were unable to work.
Examples of Mitigating Damages
Mitigating damages often looks different depending on the facts of the case.
In Missouri personal injury claims, it generally involves:
- Getting prompt medical treatment: Delaying treatment can make your injuries worse and can give the defense an argument to reduce your compensation.
- Following your doctor’s orders: If your doctor recommends rest, therapy, or medication, following those recommendations shows you are taking reasonable steps to recover.
- Avoiding activities that could aggravate your injury: If your injury requires rest, returning to strenuous activities too soon can lead to additional harm and lost compensation.
- Seeking appropriate work accommodations: If you are able to perform some type of work, even if not your normal job, doing so can show that you are mitigating lost wages.
Overall, you are expected to act reasonably and responsibly to promote your recovery and limit the financial impact of the accident.
How the Opposing Party Might Use Failure to Mitigate as a Defense
If you bring a personal injury lawsuit in Missouri, the defendant can raise failure to mitigate damages as a defense. They may argue that your compensation should be reduced to reflect losses you could have avoided.
For example, suppose you break your leg in a car accident but wait weeks to seek treatment. If the injury worsens and results in a more serious outcome, the defendant may claim that you contributed to your damages by not seeking timely medical care.
If they succeed, the court may reduce your compensation by the amount of avoidable damages you incurred.
What Is “Reasonable” When It Comes to Mitigating Damages?
One key question in these claims is what counts as reasonable action. Missouri law does not expect you to do the impossible, only what an average person in your position would do.
Factors the court may consider include:
- Your physical and mental condition
- The advice of your doctors
- Whether the cost of treatment was affordable or available
- The extent of your injuries and their impact on your daily life
If you can show that your actions were reasonable based on the circumstances, the court is less likely to reduce your compensation.
What Damages Can I Recover in a Personal Injury Claim?
Missouri law allows accident victims to seek both economic and non-economic damages for their losses. These are called “compensatory damages” and aim to make you whole again as best as possible.
Examples of economic and non-economic damages include, but are not limited to, the following:
- Medical bills (current and future)
- Rehabilitation and therapy
- Pain and suffering
- Emotional distress
- Property damage
- Lost wages and diminished earning capacity
- Loss of quality of life
- Loss of consortium
Punitive damages may be available as well, but only in rare cases involving egregious conduct from the responsible party. Personal injury claims can vary substantially in terms of how much they are worth, but properly mitigating your damages helps ensure that your case is as strong as it can be.
Contact Our St. Louis Personal Injury Lawyers for a Free Consultation
Mitigating damages is one of many legal concepts that can affect your personal injury case. Understanding this duty and following it carefully can help you avoid pitfalls that reduce your compensation.
Our experienced St. Louis personal injury attorneys at Roach Law Car Accident Lawyers can guide you through the claims process. They’ll also help you document your efforts to mitigate damages and defend against any claims that you failed to do so. Contact us today at (636) 519-0085 for a free consultation.