Mitigating Personal Injury Damages

What Does Duty to Mitigate Damages Mean for a Houston Personal Injury Lawsuit?

When a victim suffers an injury due to the negligent behavior of another person or entity and desires to seek legal action against the liable party, the victim has a legal duty to mitigate damages.

This unique legal phrase means that the injured victim must seek medical attention within a reasonable amount of time after having sustained the injury. If no such care is sought and an injury worsens, the victim will be said to have failed at mitigating their damages, thus likely nullifying their claim to seek compensation through a personal injury lawsuit. In the legal realm, damages is the term used for the financial losses that accompany an injury. An injured victim must take reasonable steps to insure that they do not incur financial losses beyond what was incurred with the initial injury caused by a negligent party.

As an example, assume that a construction worker has suffered a laceration to his hand while on-the-job. Thinking the injury to be mild, the worker does not see a doctor within the following week. The cut gets worse, and the worker experiences an increased amount of pain, but, not wanting to miss work for fear of getting fired or losing wages, the worker still fails to seek medical attention. Eventually, the lacerated hand becomes infected and the worker finally seeks out medical help. Unfortunately, the hand must then be amputated due to the severity of the infection. In such a situation, the worker would not be able to pursue legal action against the entity responsible for the initial injury for compensation for the full extent of his injuries, including the amputation, since he did not take proper steps within a reasonable amount of time to seek out medical attention. In other words, he failed at his duty to mitigate damages.

What is Reasonable Care in Regards to a Duty to Mitigate Damages?

Texas law only requires that a reasonable effort is made into seeking medical attention. For example, the injured worker from the example previously provided would not have to live in a sterilized bubble until his hand healed, as that would not be a reasonable request for someone in his condition. However, such an injured person would at least have to seek out medical attention within a reasonable amount of time in order to mitigate their damages.

It should be noted that mitigating damages in a personal injury case is important since failure to do so may result in the dismissal of your case or a severe decrease in the amount of compensation that could possibly be awarded to you in the event of a successful outcome to your personal injury case in Houston, TX. If a jury is able to assess a victim with 50% or more of liability in contributing to the extent of their own injuries, the case could be dropped.

Furthermore, a defense team has the burden of proof to show how a plaintiff failed to mitigate their damages. This type of defense is known as an affirmative defense.

If you’ve suffered an injury, it’s important for you to seek medical help within a reasonable amount of time so that your injuries do not worsen, possibly causing you further harm while also likely doing harm to your possible personal injury case. Contact our law firm for a free consultation should you have further questions about mitigating damages.