As the victim of an accident, you are likely entitled to receive compensation for your injuries. However, not being at fault does not let you off the hook when it comes to the extent of the damages. You have a legal obligation to mitigate the damages. If you fail to, you could be left to pay for some of the damages. If you were hurt in an accident, here is what you need to know about mitigating the damages.
What Does "Mitigating the Damages" Mean?
Mitigating the damages basically means that you are doing what you can to minimize the consequences of the accident. For instance, it is your responsibility to seek out medical treatment and follow the doctor's recommendations.
The idea is that you would do what a reasonable person would do in your situation. By failing to get treated for your injuries, your actions could be considered to be unreasonable and hurt your chances of getting a settlement.
What If You Are Treated With Alternative Medicine?
Alternative medicine has become an increasingly popular method of treating various ailments. However, seeking alternative treatment could potentially have an impact on whether or not the insurance company is willing to pay your claim.
Some alternative treatments are viewed more favorably by insurance companies than others. For instance, chiropractic care is often considered a viable form of treatment by insurance companies. By contrast, the use of holistic medicine could be questioned. The insurance company could even argue that the medicine might have worsened your symptoms.
Can the Insurance Company Deny Your Claim?
Since you were injured in the accident, you are entitled to receive some compensation for the accident. However, if you do not mitigate the damages, there is a good chance that the settlement you do receive will be reduced.
Another problem you could run into is dealing with a jury. If the insurance company refuses your claim and your attorney does file a lawsuit, the jury might have a hard time believing you are entitled to the amount that you are asking if you failed to take steps to receive medical treatment for your injuries. You could even miss out on other damages, including pain and suffering as a result.
If you are unsure if you have done what you can to mitigate the damages, talk to your personal injury attorney. He or she can review your treatment and other actions to determine if there is more you can do to protect your claim.
For more information, you will want to contact a company such as Blomberg Benson & Garrett.
Share29 May 2017
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