What Does it Mean to Mitigate Damages?

To mitigate damages means taking reasonable steps to reduce the harm or losses caused by an injury, accident, or breach of contract. In law, victims must act responsibly to avoid unnecessary financial or physical damage, such as seeking timely medical treatment or finding replacement work. Failure to mitigate can reduce compensation awarded in a lawsuit.

Mitigating damages is a fundamental legal principle that requires injured parties to take reasonable steps to minimize their losses after an accident or breach of contract.

This duty helps ensure that compensation awarded in personal injury cases and other legal claims is fair and reflects actual harm suffered. When a plaintiff fails to act responsibly, such as by delaying medical treatment or neglecting property protection, their compensation may be reduced.

Understanding what it means to mitigate damages and the reasonable measures expected can protect your rights and strengthen your legal position. Whether dealing with injuries, property damage, or contract disputes, taking prompt and appropriate action is crucial.

Mitigating Damages in Personal Injury Cases

Mitigating damages is necessary because it helps ensure that the compensation awarded is fair and reasonable. When an injured party takes reasonable steps to limit their losses, it prevents unnecessary expenses from inflating the damages claimed. This protects both the plaintiff and the defendant by focusing on actual harm suffered rather than avoidable consequences.

Additionally, acting promptly to mitigate damages can improve recovery outcomes. Seeking timely medical treatment can prevent injuries from worsening and reduce long-term complications. It also creates clear evidence linking the injury to the accident, which strengthens the plaintiff’s legal case.

Courts require reasonable efforts to mitigate damages, encourage responsible behavior, and avoid wasteful costs. Failing to mitigate not only affects the compensation amount but may also damage the credibility of the injured party in legal proceedings.

Do You Have A Duty To Mitigate Damages After An Accident?

Yes, Nevada law requires you to use reasonable care to minimize your losses after someone injures you. This duty to mitigate begins when you become aware of your injury, not before the accident happens.

You don’t have to anticipate getting hurt, but once you realize you’re injured, you must act responsibly to help your own recovery. The law expects wounded people to be proactive about getting better to keep damages fair and reasonable.

What counts as “reasonable” depends on your specific situation:

Reasonable action: 

Getting medical treatment within a few days of feeling pain

Unreasonable action: 

Waiting months while the pain gets worse before seeing a doctor

Reasonable action: 

Following most of your doctor’s orders, even if inconvenient

Unreasonable action: 

Ignoring all medical advice because you don’t like hospitals

This duty exists even though you did nothing wrong to cause the accident. The law simply expects you to help yourself get better once you know you’re hurt.

What Steps Count As Reasonable Mitigation?

Courts look at whether your actions were reasonable under your specific circumstances. What’s reasonable for one person may not be sensible for another based on their injuries, finances, age, and overall health situation.

Seek Prompt Medical Care And Follow Through

Getting medical attention quickly is the most crucial step to mitigate your damages. Delays can allow injuries to worsen and give insurance companies ammunition to argue you weren’t really hurt. “Prompt” care for non-emergency injuries generally means seeking medical attention as soon as reasonably possible after becoming aware of your injury.

Seeking immediate medical care creates crucial evidence that links your injuries directly to the accident. Insurance companies often question whether you’re truly injured if you wait too long to see a doctor.

Follow the Doctor’s Instructions And Therapy

Following your doctor’s medical advice shows you’re serious about recovery. This includes taking prescribed medications, attending physical therapy sessions, using medical devices like braces or slings, and keeping all follow-up appointments.

Missing an occasional appointment due to work or childcare is understandable. However, patterns of non-compliance with medical treatment will hurt your claim and give insurance companies reasons to reduce your settlement.

Protect Property From Further Loss

Your duty to mitigate damages extends beyond physical injuries to include protecting your property from additional harm. You must take reasonable steps to prevent further damage to your vehicle, personal belongings, and other property.

Examples of reasonable property protection include:

• Moving your damaged car off the highway to prevent another collision
• Covering a broken windshield with plastic before rain damages the interior
• Securing damaged personal items to prevent theft or weather damage
• Arranging proper storage for a totaled vehicle

Try Light Duty Or Suitable Work When Cleared

If your doctor says you can only do limited work, you have to make reasonable efforts to find a job that fits your needs. You don’t have to take any job; it should fit your physical limitations and skill level.

Refusing all work when you’re medically capable can significantly reduce your lost wage claim. However, those with catastrophic injuries may be permanently unable to return to any type of work. However, the work must be within your doctor’s stated limitations and reasonably match your abilities and experience.

Keep Treatment And Expenses Reasonable

While you deserve quality medical care, your treatment expenses must be reasonable and necessary. Insurance companies won’t pay for experimental treatments, luxury hospital accommodations, or unnecessary trips to see specialists when qualified doctors are available locally.

You have the right to seek second opinions, but you cannot “doctor shop” endlessly looking for advice you prefer. Stick to medically necessary treatments from qualified providers in your area.

What Is Failure To Mitigate Damages?

Failure to mitigate damages, you didn’t take reasonable steps to limit your losses after an accident. If this happens, it becomes an affirmative defense. The person who caused the accident admits they hurt you, but says you made things worse by making bad choices.

Insurance companies commonly argue that you failed to mitigate in these situations:

• Waiting weeks or months to see a doctor after apparent injury symptoms appear
• Refusing recommended surgery or treatment without valid medical reasons
• Returning to heavy physical work against a doctor’s orders and re-injuring yourself
• Never attempting to find suitable work despite medical clearance for light duty
• Allowing property damage to worsen through neglect or poor decisions

Common Insurance Arguments About Mitigation

Insurance adjusters use specific tactics to claim you failed to mitigate your damages. Insurance companies may argue that delays in seeking medical treatment or refusal to follow prescribed therapy are reasons to question the extent of your injuries or to place blame for ongoing symptoms on you.

These arguments aim to shift blame away from their insured driver and reduce what they have to pay you. Having an experienced personal injury attorney helps counter these unfair tactics and protect your right to fair compensation.

When The Duty Starts After An Injury

Your duty to mitigate begins the moment you know or should know you’re injured. You have no obligation to prevent an accident before it happens or take precautions against unknown injuries.

The timeline works like this:

• No duty yet: Walking normally on a cracked sidewalk before you notice the hazard
• Duty begins: The moment you trip and feel pain or realize you’re hurt
• No duty yet: Driving safely in your lane before another car hits you
• Duty begins: Immediately after impact, when you become aware of injuries

How Does Failure To Mitigate Affect Your Nevada Claim?

If you’re found to have failed to mitigate your damages, you may receive less compensation – sometimes significantly less. The amount you could have reasonably saved through proper action gets subtracted from your total damages award.

Affirmative Defense Versus Comparative Negligence In Nevada

Comparative negligence involves your actions that helped cause the original accident, like texting while walking, before you tripped on a broken sidewalk. 

Failure to mitigate involves actions taken after the accident that worsened your injuries or losses, such as not getting a broken bone treated promptly.

Nevada follows a modified comparative fault rule. If you’re 51% or more at fault for causing the accident itself, you recover nothing. However, failure to mitigate only reduces damages for the portion of injuries you could have prevented, not your entire claim.

How Insurers Use Mitigation To Cut Claims

Insurance companies weaponize the duty to mitigate damages in specific ways to reduce what they pay you. They might demand you try risky treatments or surgeries you’re not comfortable with. They often claim any gap in your medical treatment proves you’re not really injured.

Adjusters frequently argue you should have healed faster with different care or insist you could have worked despite ongoing pain. They use these arguments to justify reducing settlement offers, even when your actions were perfectly reasonable.

How Do You Prove You Mitigated Damages?

Documentation is absolutely crucial for proving you took reasonable steps to minimize your losses. Courts want evidence, not just your word that you tried to get better and protect your interests.

Medical Records, Appointments, And Compliance Logs

Your medical documentation tells the story of your recovery efforts. Keep detailed records of all medical care you receive and follow-up treatments you complete.

Essential medical documentation includes:

• Initial emergency room or urgent care records: Prove you sought prompt treatment after the accident
• All follow-up appointment records: Show ongoing efforts to recover and heal properly
• Prescription receipts and medication logs: Demonstrates you filled prescriptions and took medications as directed
• Physical therapy attendance records: Confirms you participated in recommended rehabilitation
• Doctor’s notes about compliance: Documents that you followed medical restrictions and advice

Job Applications, Work Releases, And Pay Records

If your injuries affect your ability to work, you need documentation showing your efforts to return to suitable employment when medically cleared.

Necessary employment-related proof includes work restriction forms from your doctor detailing what jobs you can and cannot perform. Keep copies of all job applications you submit and records of interviews you attend. Save any rejection letters that explain why you couldn’t get hired.

Document any attempts to return to modified duties with your original employer. These records prove you made genuine efforts to minimize your lost wages.

Receipts, Photos, Symptom Journals, And Calendars

Additional evidence strengthens your case and shows the full scope of your mitigation efforts. Keep receipts for all medical supplies like braces, ice packs, and over-the-counter medications.

Take photos of your injuries throughout your recovery to show the healing process. Maintain a daily symptom journal tracking your pain levels, limitations, and how injuries affect your daily activities.

Use a calendar to record all medical appointments you attend and treatments you complete. Get written statements from family members or friends who can confirm your recovery efforts and compliance with medical advice.

Do You Have To Get Surgery Or Buy Medical Devices?

You’re not required to undergo major surgery or expensive treatments to satisfy your duty to mitigate damages. The law recognizes that some medical decisions involve personal risk, financial hardship, and quality of life considerations.

Refusing treatment may be reasonable in several situations. High surgical risks due to your age, health conditions, or low success rates can justify declining surgery. Sincere religious or cultural objections to specific medical procedures are also valid reasons.

Financial inability to afford treatment, even with payment plans, is a legitimate concern. When doctors disagree about whether a procedure is necessary, you have reasonable grounds to seek additional opinions before deciding.

You should always get second opinions for major procedures and document your reasoning for any treatment decisions. Minor treatments like physical therapy, medications, and medical devices are much harder to refuse without consequences to your claim.

What If You Cannot Afford Treatment In Las Vegas?

Your inability to pay for medical care doesn’t excuse your duty to mitigate, but it affects what’s considered reasonable under your circumstances. Fortunately, several options can help you get the necessary treatment without paying upfront costs.

MedPay coverage through your auto insurance may cover immediate medical bills regardless of who caused the accident. Your health insurance can also be used, even if you have high deductibles, and providers can be reimbursed from your settlement later.

Many Las Vegas hospitals offer charity care programs for patients who qualify based on income and financial need. Most medical facilities also provide interest-free payment plans that make treatment more affordable.

Medical liens allow healthcare providers to treat you now and wait for payment from your settlement. At Ladah Injury & Car Accident Lawyers Las Vegas, we help coordinate care with providers who work on a lien basis, ensuring you get necessary treatment while we build your case.

Does Mitigation Also Apply Outside Injury Cases?

The mitigation of damages principle applies beyond personal injury law to contract disputes and property damage cases. The basic concept remains the same – you must take reasonable steps to prevent unnecessary losses.

In contract law, if someone breaches an agreement with you, you must try to minimize your damages. For example, if a contractor abandons your roof repair project, you must hire someone else quickly rather than let rain damage your home’s interior. Similar principles apply in property damage cases where unsafe conditions cause harm.

Cases of property damage follow the same rules. If someone breaks your car window, cover the inside with plastic to prevent the upholstery from getting ruined by the rain. The law expects people to make reasonable efforts to avoid losses in these situations.

Speak with an Attorney for Help Mitigating Damages

Mitigating damages is a vital legal responsibility that helps ensure you receive fair compensation and supports your recovery after an injury or loss. This duty requires you to take reasonable, prompt steps to minimize your financial losses. 

This includes seeking timely medical treatment, strictly following your doctor’s advice, protecting your property from further damage, and making reasonable efforts to return to work. By acting responsibly, you not only reduce unnecessary expenses but also demonstrate your commitment to recovery, which significantly strengthens your legal case.

If you’ve been injured in an accident, the path to fair compensation can feel overwhelming, and navigating the complexities of mitigating damages alone is risky. Don’t let mistakes reduce the compensation you deserve.

Ladah Injury & Car Accident Lawyers Las Vegas provides the expert guidance you need. Our award-winning personal injury attorneys will ensure you take all the right steps to protect your claim and maximize your recovery.

Contact Ladah Injury & Car Accident Lawyers Las Vegas today for a free consultation and take the first confident step toward justice and peace of mind.

Frequently Asked Questions

Will waiting three days to see a doctor after my car accident hurt my personal injury claim?

A short delay in seeking medical care may be understandable if you have valid reasons, such as waiting for your regular doctor or handling an immediate family emergency. However, waiting weeks without seeking treatment can significantly damage your case and give insurance companies ammunition to argue you weren’t seriously injured.

Am I required to have risky back surgery to prove I tried to minimize my damages?

No, you’re not required to undergo surgery with significant risks, low success rates, or major complications. Get second medical opinions and document your reasoning for declining surgery to protect your claim from insurance company arguments.

Should I give the insurance company a recorded statement about my medical treatment after an accident?

Never provide recorded statements to insurance companies without speaking to an attorney first. Adjusters are trained to ask leading questions that can be used against you later to argue you failed to mitigate your damages.

Do I have to accept any job offer if my doctor clears me for light work?

You must make reasonable efforts to find suitable work within your medical restrictions, ensuring the job matches your skills and experience level. Document your job search efforts and any physical limitations that prevent you from performing specific duties.

How long do I have to file a personal injury lawsuit in Nevada after failing to mitigate damages?

Nevada’s statute of limitations gives you two years from the accident date to file most personal injury claims, regardless of mitigation issues. Missing this deadline typically means losing your right to seek any compensation.