How Can I Mitigate Damages After a Car Accident?
If you were hurt in a car accident through no fault of your own, you may be entitled to compensation for medical bills and other economic and non-economic damages. To avoid disputes and give your claim the best chance of success, you must take reasonable steps to facilitate your medical recovery. This is called “mitigating damages.”
If you fail to mitigate the damages, you may be deemed partially liable for your losses. Depending on the circumstances, this could lead to a significant reduction in your financial award.
Let’s take a look at some of the most effective ways to mitigate damages after a car accident:
1. Seek Prompt Medical Care
Some of the most common impact injuries—examples include whiplash, organ damage, and head trauma—might not manifest symptoms for hours or even days after they occur. Without medical intervention, though, serious complications can develop.
As such, your top priority in the wake of the collision should be to undergo a medical evaluation, even if you feel relatively fine. By visiting a doctor right away, the insurance company won’t be able to say that your decision to forego a medical assessment has exacerbated your condition.
2. Follow Your Doctor’s Orders
If you sustained serious injuries, you will probably have to rest for a period of time. You may be instructed to stay home from work, for example, and to avoid strenuous activities. If you ignore any such orders, the opposing party might assert that your own negligence has caused your condition to worsen or prolonged your recovery.
As an added precaution, stay off social media until your claim has been resolved. Even if you are, indeed, following your doctor’s orders, your online posts might indicate that you are not taking your medical care seriously. The insurance company may use such posts to dispute your claim.
3. Arrange for Necessary Services
Most people don’t have the savings to miss an extended period of time from work. If your finances are tight, it’s only natural to search for ways to cut costs; however, if you do not arrange for services that are necessary to facilitate your medical recovery and this exacerbates your condition, the insurance company might say that you have failed to mitigate the damages.
Fortunately, personal injury claimants may be entitled to compensation for a variety of objectively verifiable losses (economic damages) including child care, domestic help, alternative transportation, and home and vehicle modifications. If you’re not sure whether to invest in these services, a personal injury attorney can help you make informed decisions.
Call 716-855-3761 to Speak with a Car Accident Attorney in New York
At LoTempio P.C. Law Group, we understand the physical, emotional, and financial toll that unanticipated injuries can have on your life. We will fight tirelessly on your behalf to pursue the compensation you deserve.
Our attorneys have more than 200 years of combined experience in the legal field. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a car accident lawyer in New York.