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Injured Person's Duty to Mitigate Damages
If you have sustained serious injuries in a car accident, it may take weeks, months, or even years to fully recover. During the course of your recovery, your doctors and physical therapists will likely give you instructions to follow and things to work on at home. Did you know skipping these exercises or failing to follow your doctor’s advice could cost you money on your accident claim?
When the Other Side Asks about Your Recovery
While many car accident cases are settled long before going to trial, others end up in different parts of the justice system. This happens when an insurance company refuses to offer a reasonable settlement, or when the statute of limitations is close and a lawsuit must be filed to preserve your rights.
After a lawsuit is filed, the lawyers for the other side will want to start the discovery process. This includes requesting copies of any of your medical records they do not already have, and requesting you to undergo a deposition.
During the deposition, you will be sworn to tell the truth. The lawyer for the other side will ask you questions. One of the areas they will ask about is your recovery. You may be asked about what exercises or stretches you were instructed to do. You may be asked if you did those stretches.
Your Responsibility to Mitigate Damages
Under the law, you have the right to be compensated for your injuries when they were caused by the negligence of someone else, but you also have a duty to mitigate those damages. This means you have to make the effort to keep things from getting worse than they are.
Lawyers for the other side in a personal injury lawsuit may be able to successfully argue that if you failed to listen to your doctor and do your exercises or stretches at home, you failed to mitigate your damages. If a judge or jury believes this argument, then the amount of damages you recover can be reduced.
If you or someone you love has been hurt in a car accident, you need to talk with a knowledgeable Milwaukee personal injury lawyer. You only have so much time to bring a claim. Call the law firm of Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 today to setup your consultation.
Source:
http://civilprocedure.uslegal.com/rules-of-civil-procedure/state-rules-of-civil-procedure/wisconsin-rules-of-civil-procedure/
