By Abbey Mullins

 

When people think of personal injury and employment cases, there is a common myth that the longer you are injured or out of work, the more damages you can recover in a lawsuit. In reality, intentionally failing to make reasonable efforts to remedy your situation can actually negatively impact your case.

 

Whether you have been injured in an accident or wrongfully terminated from your job, there are certain things you should know to ensure that you have the strongest case possible. One is that you have a duty to minimize the damages you suffer. This is known as mitigating your damages. The logic behind this requirement is that it prevents an injured party from recovering damages that they could have avoided. If a plaintiff fails to do this, the defendant could potentially use that failure to avoid paying the plaintiff what they are owed.

 

You are not required to go to extraordinary lengths, but you do have to show that you did what a reasonable person in your position would do to minimize their losses.

 

What Do You Need to Do? 

 

In a personal injury case, you can show that you fulfilled your duty to mitigate your damages by: 

 

• Promptly seeking medical treatment and following your doctor’s instructions, which may include undergoing surgeries, physical therapy, and/or taking medication
• You may still seek the opinions of other medical professionals should you disagree with the treatment plan. What is important is that you show that you made reasonable efforts to recover from your injuries so as to not incur additional financial losses.
• Returning to work when you are medically cleared to do so
• Avoiding behavior that might aggravate your injuries

 

In an employment case, you can show that you fulfilled your duty to mitigate your damages by: 

• Promptly seeking out other employment opportunities 
• An obvious way to do this is to send in job applications, but you can also polish your resume and/or attend networking events if doing so is part of your profession. 
• You can also sign up with recruiters or staffing agencies that assist people with finding work.

 

Helpful Tips 

 

• Always keep records. 
• Make sure you keep records of your medical appointments, medical expenses, treatment plans, and clearances to return to work. You should be able to request these from your medical providers at a later date, but it is always helpful to keep them in your possession as well. 
• As for prospective employment plaintiffs, keep records of the jobs you applied for, whether you interviewed for positions, whether you received job offers, and if you declined or accepted. It is better to keep these records as you go, as it can be difficult to remember and track down all of this information if you need it months or years in the future. Note that sites like Indeed may not retain records of your applications indefinitely, so be sure to keep copies. 

 

Bottom Line 

 

If you’ve experienced an injury as a result of someone else’s negligence or your employer has taken unlawful actions against you, you still have a responsibility to take reasonable steps to reduce your financial losses. Mitigating your damages not only protects your potential recovery—it also strengthens your credibility.