3 Areas Affected By Mitigating Damages In Personal Injury Cases

An injury can occur at any time. It doesn't matter if you are injured slipping on a wet floor in the supermarket or involved in an auto accident, a personal injury lawsuit could be a great way to access the financial help you deserve.

Each personal injury case is unique. There are many factors that go into determining how much money a plaintiff requests when filing a personal injury lawsuit.

One important factor you shouldn't overlook when preparing your case is the principle of mitigating damages.

Lost Wages 

An injured party is able to seek compensation for any wages that were lost as a result of an injury. Many people think that this means they are guaranteed full payment should they win their case.

It's important to remember that mitigating damages apply to lost wages. All plaintiffs have a duty to minimize the amount of damage an injury causes.

If you experience a reduction in work hours or lose your job following an injury, a judge may want you to prove that you made every effort to obtain new employment. If these efforts can't be proven, the amount awarded to you for lost wages may be reduced accordingly.

Medical Expenses

Medical expenses can become a real burden following an accident that results in a serious injury. Most personal injury lawsuits aim to recoup the cost of medical fees, but the principle of mitigating damages must be applied to these expenses.

It's essential that you are able to show that you sought immediate medical treatment following an accident. You must also be able to prove that you actively participated in the treatment prescribed by your doctor for your injuries.

If you fail to follow the doctor's orders and your injury worsens, you may not be able to collect on the medical expenses you incurred as a result of your lack of action.


In the event that your vehicle is wrecked during an auto accident, you may be able to include your transportation costs in your personal injury lawsuit. Without a functional vehicle, you could find it difficult to commute to work or school each day.

The principle of mitigating damages requires that you make every effort to secure alternative transportation.

If you aren't able to immediately get a replacement vehicle, you must provide proof that you tried to purchase a new vehicle before you can request compensation for public transportation or rental car costs in your personal injury lawsuit.

To learn more, contact a company like Cartee & Lloyd Attorneys At Law.