In Louisiana personal injury cases, accident victims have a legal obligation known as the duty to mitigate damages. This means you are expected to take reasonable steps to limit the financial and physical impact of your injuries. This legal requirement directly affects the amount of compensation you may recover after an accident.
How Do Insurance Companies Use Failure to Mitigate Against You?
Failure to mitigate damages after an accident can reduce the value of an injury claim, even if liability is clear.
Insurers may argue that some medical costs, lost wages, or long-term effects could have been avoided if you had taken reasonable steps after an accident.
This is why accurately documenting treatment, symptoms, and medical advice is so important throughout the claim process.
What Counts as Reasonable Efforts to Mitigate Damages After an Accident?
Reasonable mitigation means doing what an average person would do under similar circumstances. This typically includes:
- Seeking medical treatment promptly after an accident
- Following your doctor’s treatment plan
- Attending follow-up appointments and therapy
- Avoiding activities that could worsen your injuries
You are not required to take extreme measures, undergo unsafe treatment, or violate religious beliefs.
What Role Does an Attorney Play in Protecting Your Claim From Mitigation Disputes?
An injury attorney
protects your claim
by challenging unfair mitigation arguments.
Legal representation helps show that your actions were reasonable and that your injuries were caused by the accident, not your response to it.
An attorney can:
- Present medical evidence supporting your treatment timeline
- Address gaps or delays in care
- Push back against insurer mischaracterizations
- Ensure future damages are properly accounted for
When Should You Get Legal Help Regarding Duty to Mitigate?
You should speak with a personal injury attorney as early as possible after an injury. Early guidance can help you avoid mistakes that insurers later use to undermine your claim.
Frequently Asked Questions About the Duty to Mitigate Damages
Can delayed medical treatment hurt my injury claim?
Yes. Delaying medical treatment can hurt your claim if the insurance company argues your injuries were not serious or were caused by something else. However, a short or reasonable delay does not automatically mean you failed to mitigate damages.
How long can I wait before seeing a doctor after an accident?
There is no exact deadline, but you should seek medical care as soon as symptoms appear. The longer the delay, the easier it is for insurers to argue your injuries were unrelated to the accident.
What if my injuries didn’t show up right away?
Delayed symptoms are common and do not automatically mean you failed to mitigate damages. Certain injuries can take days to appear after an accident.
Do I have to follow every doctor’s recommendation exactly?
You are expected to follow reasonable medical advice. If a treatment is unsafe, changes over time, or conflicts with your beliefs, that does not automatically count against you.
Can insurance companies deny my claim for failure to mitigate?
They can argue it, but they must prove your actions were unreasonable and directly increased your damages. This is often disputed and depends on the facts of the case.
Does failure to mitigate mean I lose my entire case?
No. Failure to mitigate usually affects the amount of compensation, not whether you can recover at all. Insurers often exaggerate this issue to pressure victims into low settlements.
Contact a Personal Injury Attorney for Help With Your Claim
The duty to mitigate damages is one of the most misunderstood aspects of personal injury law. Small decisions after an accident can have a big impact on your compensation.
At MGM Injury Attorneys, we help accident victims protect their claims and push back against insurance tactics designed to minimize payouts. If you have questions about how your actions may affect your case, we’re here to help.
Contact us today to discuss your options and learn how we can help strengthen your claim after an accident.
