If you were hurt because of someone else’s negligence or wrongdoing, you might be able to recover compensation under Georgia law. One key part of many personal injury cases is the obligation to mitigate damages. While you have the right to seek fair compensation for your injuries, you also have a legal duty to take reasonable steps to avoid making those injuries worse.
Understanding the concept of mitigation can help you protect your right to compensation. At the same time, it can prevent the at-fault party from reducing the amount they owe you by arguing that you made your injuries worse or failed to take necessary steps to improve your situation.
Understanding the Duty to Mitigate Damages
The duty to mitigate damages means you must act in a way that keeps your losses from growing unnecessarily. Simply put, if there’s something you can reasonably do to limit the damage from your accident, the law expects you to do it.
This duty applies to many types of personal injury cases, such as:
- Car accidents
- Truck accidents
- Slip and fall incidents
- Workplace injuries
- Medical malpractice claims
Mitigating damages doesn’t mean you have to go to extreme lengths or spend beyond your means. It just requires you to take reasonable steps. If you fail to do so, the defendant may use that evidence against you to reduce the amount of money you receive.
What Does Mitigate Damages Mean in a Personal Injury Case?
In legal terms, “mitigating damages” means minimizing or limiting the harm caused by the defendant’s actions. For personal injury victims, this typically involves:
- Getting medical care promptly
- Following a doctor’s treatment plan
- Seeking therapy or rehabilitation if recommended
- Avoiding activities that might worsen the injury
- Taking medication as prescribed
If you choose to ignore medical advice and your condition deteriorates, the defense can argue that you failed in your duty to mitigate. They might claim you are responsible for any added medical costs or extended suffering as a result.
Why Is Failure to Mitigate Damages an Affirmative Defense?
“Failure to mitigate damages” is known as an affirmative defense. This means the defendant has the burden of proving that you did not take reasonable steps to reduce your losses. If the defendant succeeds in establishing your failure to mitigate, the court may lower your overall award.
Here are some ways a defendant could claim you failed to mitigate:
- Delaying Treatment: If you wait too long to see a doctor, the defense may say your injuries got worse unnecessarily.
- Ignoring Medical Advice: Not following therapy, refusing surgery, or skipping medication can lead to complications the defense will point to.
- Continuing Harmful Activities: If you go back to intense exercise or physically demanding tasks too soon, your actions could aggravate the injury.
- Missing Opportunities for Recovery: For instance, if you have a chance to do light-duty work to earn partial wages and you refuse, the defense may argue you failed to lessen your financial losses.
Even if the defendant convinces a judge or jury that you partially caused your own damages, it doesn’t always bar you from recovery. It usually just reduces the amount you can collect, depending on the severity and impact of your actions.
How Can Mitigation of Damages Impact Your Compensation?
The main goal of mitigation is to make sure a victim doesn’t inflate or prolong their damages unnecessarily. If you do everything right—such as seeking prompt medical care and following your doctor’s instructions—failure to mitigate won’t be a strong defense against you.
However, if the jury believes your injuries worsened because you ignored professional advice, you might see a cut in your award. For example, if they decide you contributed 20% to the severity of your injuries, the court might reduce your damages by 20%. Georgia follows a modified comparative negligence approach, which can come into play if mitigation becomes an issue.
Contact a Columbus Personal Injury Lawyer in Georgia Today
Mitigating damages is a critical part of any personal injury claim. Even though the at-fault party caused your injuries, Georgia law expects you to do your part to prevent unnecessary harm. If you’re uncertain about your obligations or facing accusations that you failed to mitigate, it’s wise to consult an experienced attorney for a free consultation.
A skilled Columbus personal injury lawyer can walk you through your options, help you document your recovery, and protect your right to fair compensation. Don’t let a failure to mitigate defense undermine your claim—reach out to Mark Casto Personal Injury Law Firm at (706) 940-4030 to learn how an attorney can support you every step of the way. Most attorneys in the field also work on a contingency fee basis, so you only pay if you get compensation. Seek legal help today and start protecting your rights.
