If you have been injured in an accident due to the negligent action of another person, you may want to pursue a compensation claim. As an accident victim, you are expected to act in a way that protects your well-being, which means ensuring your injury does not get worse or that you do not suffer another complication. But the insurance company cannot deny compensation just because you did not take some precautions such as wearing a seat belt, or not seeking immediate medical treatment.
Most insurance companies will assert a claimant’s failure to mitigate their damage as a tactic to devalue or deny their claim. Thankfully, a personal injury lawyer in LA is fully aware of the legal requirements for such defense and is ready to fight back against the insurer for you.
What to Do to Mitigate Your Damages
To mitigate your accident-related damages, you must take reasonable to reduce the impacts of your injury and the losses you sustained after the accident. After an accident, you must move take yourself to safety, seek immediate medical attention, follow your doctor’s orders, and attend follow-up doctor’s appointments.
The insurer cannot deny your claim just because you failed to take mitigation measures. For instance, if the company tries to reject your claim for not wearing a seat belt, they must prove it first. The company might have a good reason not to pay for your nose injury treatment if your face hit the dashboard since this could have been prevented had you worn a seat belt. But a neck, back, or leg injury might have happened with or without wearing a seat belt.
What Happens if You Fail to Mitigate Your Damages?
If the insurer successfully proves your failure to mitigate your damages, they may give reduced compensation. In general, the court won’t force the liable party to pay avoidable damages. This can include the cost of surgery when an injury could have been treated earlier than you sought prompt and proper medical care.
Because the majority of personal injury claims do not reach court, you must build a solid case against the liable party once you file a claim. Apart from proving the negligence of the at-fault party, you need to prove that you took reasonable care, so your injuries won’t exacerbate
Should the insurance company claim that you failed to mitigate your damages to try to reduce or reject your injury claim, you must consult with a lawyer as soon as possible. The best attorney knows this tactic and will effectively fight it back.