If you’ve been injured due to someone else’s negligence, the law still requires that you take reasonable steps to mitigate your damages. This requires you to take reasonable steps to minimize your damages. The key to understanding this is that you must act reasonably. Here are some examples:
If you take reasonable steps to minimize your losses, the odds that you will be satisfied with the resolution of your claim will be greatly increased.
Follow your doctor’s advice. Attend all scheduled appointments. Follow-up with referrals to physical therapist, massage therapists, or specialists. Make sure that you and your doctor are on the same page as far as medications go — it looks bad if your doctor keeps writing prescriptions and you do not fill them.
Get health care treatment reasonably timely. If you go for several months without getting treatment despite the presence of symptoms, the insurance companies will surely blame your condition on your failure to get timely health care rather than the injury producing event.
Schedule your health care appointments so you do not miss work if possible. Rearrange your schedule if reasonable and possible.
Return to work as you are able. If there is light duty work available and it is consistent with your doctor’s recommendations, then take advantage of it. Even if you are sure that no light duty work is available, submit a written inquiry on this point and have it rejected — this eliminates an argument that could be made against you.
