When a person suffers an injury because of someone else’s negligent behavior, they must take reasonable action to minimize losses related to that injury. Defendants in personal injury claims often attempt to reduce a plaintiff’s damages by proving that the victim failed to mitigate their losses.
The Plaintiff’s Obligation
Even if you’re injured through no fault of your own, you are obligated to take certain actions to minimize the injury’s consequences and prevent further losses. The “mitigation of damages” rule denies plaintiffs the right to receive a portion of their damages that could have been avoided. A plaintiff is obligated to act in ways that reasonable, ordinary people would behave in similar situations. Furthermore, injured people must act with due diligence and in good faith when seeking treatment and alternate employment. Consult an injury attorney in Rockford for additional details.
Choosing Not to Seek Treatment
For instance, a victim’s doctor may suggest surgery as a way to treat an injury. In some cases, victims choose not to have surgery, and they can’t be forced to do so. However, they may not receive compensation for the consequences of injuries that would have been lessened or avoided by treatment. In cases where people make claims for lost earnings, the courts may consider whether the proposed treatment would have helped the victim return to work.
Failure to Look for Employment
A victim cannot sit idle, watching their losses grow in hopes of receiving additional damages. If the person cannot return to his or her line of work but can work a different job, they will receive reduced damages by failing to seek alternate employment.
Plaintiffs in injury cases have many responsibilities, and the duty to mitigate is just one of them. If you need to know more about your case and your duties as a plaintiff, you should consult an injury attorney in Rockford. Visit website for additional details or call the Dworkin & Maciariello Illinois Hammer Law Firm to request a consultation.
