How Can I Mitigate Damages After Getting Hurt in a Car Accident?

If you were hurt in a car crash that someone else caused, you may be entitled to compensation for the losses you end up incurring as a result. Securing a payout won’t necessarily be easy, however. In addition to proving liability, you’re going to have to demonstrate a commitment to mitigating damages.

Put another way, you must convince the insurance adjuster that you took reasonable measures to alleviate the associated losses. Otherwise, you could be deemed partially liable for their severity, and in the state of Florida, that will affect the amount of compensation you’re able to recover. Under the state’s pure comparative fault law, personal injury payouts are reduced proportionately by the plaintiff’s own percentage of fault.

If you’re wondering how to go about mitigating damages, don’t worry; your legal team can help you devise specific strategies that are relevant to your particular case. In the meantime, here are some more general approaches that virtually all claimants can take:

1. Seek Prompt Medical Care

Your first priority following a wreck should be your health. Visit a doctor as soon as possible, even if you feel relatively fine. Not all impact injuries manifest symptoms right away, after all, but some demand prompt medical attention to prevent further complications.

2. Follow Your Doctor’s Orders

Once you do start treatment, make sure to follow your doctor’s orders every step of the way. It can be hard to stay out of work, for example, especially as your medical bills mount, but if your provider instructed you to take it easy, you really should stay home.

If you’re not comfortable with the guidelines you’ve been given based on the treatments you’re undergoing, you’re certainly entitled to seek a second opinion. In the meantime, however, you should still follow your doctor’s orders. This will make it harder for the insurance adjuster to accuse you of contributing to any complications that arise in the wake of the wreck.

3. Only Delegate Tasks You Cannot Do

Car accident claimants may seek compensation for the cost of reasonably necessary replacement services. Examples include child care, meal preparation, and housekeeping.

The key phrase here is “reasonably necessary.” If you enlist help for a task that you’re capable of doing yourself—or that’s not actually necessary to maintain your quality of life—the insurance adjuster will probably refuse to cover the associated expenses. They may also be prompted to challenge your credibility in general, which could lead to a dispute that jeopardizes the integrity of your entire claim.

Speak with a West Palm Beach Car Accident Attorney

Were you seriously hurt in a collision with a drunk, distracted, or otherwise reckless driver? Turn to Donaldson & Weston for help building a claim against the at-fault party.

Our tenacious team has secured more than $100 million for victims of personal injury and wrongful death. Call 561-299-3999 or fill out our Contact Form to set up a free case review with a car accident lawyer in West Palm Beach.