If you get hurt because of someone else’s mistake, like in a car crash or a slip and fall, you may be able to file a personal injury claim. A successful claim could help you recover compensation for medical bills, lost wages, pain and suffering, and other expenses. However, you need to understand that you have a duty to mitigate your damages.
Mitigating damages means you must take reasonable steps to reduce the harm caused by your injury. If you don’t, you could receive less compensation. This article explains what it means to mitigate damages, why it’s important, and how you can protect your injury claim in Illinois.
What Does Mitigating Damages Mean?
To “mitigate” means to make something less severe. In a personal injury case, mitigating damages means doing your best to avoid making your injuries or losses worse. For example, if you were hurt in a car accident, you should go to the doctor, follow treatment instructions, and avoid doing things that might make the injury worse.
If you ignore the doctor’s advice or refuse treatment, the court or the insurance company may say you didn’t try to limit your damages. Mitigating damages doesn’t mean you have to heal faster or spend a lot of money. It just means you should act like a reasonable person would in the same situation.
Why Mitigating Damages Matters in Illinois
Under Illinois law, people who are injured must try to limit their damages. If they don’t, the court may lower the amount of money they can receive. This rule helps keep the system fair. It ensures that injury victims don’t make their condition worse on purpose or by being careless.
Insurance companies will scrutinize your actions after the accident. If they think you failed to take care of yourself properly, they may use that as a reason to reduce your settlement. Taking the right steps shows that you are serious about your recovery and strengthens your personal injury case.
Common Ways to Mitigate Damages
Here are some common steps people can take to properly mitigate damages after an injury:
Get Medical Help Right Away
After an accident, it’s very important to see a doctor as soon as possible. Even if your injury seems small, it could get worse without treatment. Waiting too long can also negatively impact your case.
The insurance company might say that your injury wasn’t serious or that something else caused it. Seeing a doctor helps you feel better and creates a record of your injuries. This record is very important when proving your case.
Follow the Doctor’s Instructions
Once you start medical treatment, make sure you follow your doctor’s advice. If they tell you to take medicine, go to physical therapy, or take time off work, listen to them. If you stop treatment early or skip appointments, it may look like you’re not trying to get better. Insurance companies can use this as a reason to lower or deny your claim.
Don’t Go Back to Work Too Soon
Many people feel pressure to return to work after an injury. But going back too soon can worsen your injuries and slow your healing. You should only return to work when your doctor says it’s safe. Doing so protects your health and shows that you’re taking your recovery seriously.
Avoid Risky Activities
After an injury, avoiding activities that might cause pain is best. This includes things like playing sports, lifting heavy objects, or even driving, depending on your injury. Social media posts showing you being active can also be used against you, so it’s smart to be careful about what you share online.
What Happens if You Don’t Mitigate Damages?
If you don’t try to limit your damages, it can hurt your case. The court or insurance company may decide to reduce the amount of money you receive. They might argue that your injury worsened because of your actions, not the accident.
For example, if you refuse surgery that a doctor says is necessary and your injury gets worse, the court may say you failed to mitigate damages. They could then lower your compensation based on your recovery if you had followed medical advice. Even if the other person is clearly at fault, you are still responsible for protecting your health and limiting further harm.
Contact a Chicago Personal Injury Lawyer at Zayed Law Offices Personal Injury Attorneys for Legal Help
Mitigating damages is one of the most important parts of a personal injury claim in Illinois. It means taking care of yourself and ensuring your injuries don’t worsen. By acting responsibly, getting medical care, and following your doctor’s advice, you can protect your health and your legal rights.
If you or a loved one has been hurt because of someone else’s mistake, talk to a Chicago personal injury lawyer right away. They can help you understand your rights, guide you through the recovery process, and make sure you don’t miss out on the compensation you deserve. Contact Zayed Law Offices Personal Injury Attorneys to schedule a free consultation at (312) 726-1616.
