When you file a personal injury claim in Missouri, the law requires that you do your part to reduce or “mitigate” the extent of your losses. This concept of mitigation means you can’t simply allow your injuries or financial burdens to grow unchecked if you have reasonable ways to lessen them.
If you fail to mitigate your damages, you might receive less compensation than you otherwise would, even if the other party is clearly at fault. Continue reading for an overview of how mitigation of damages works in a Missouri personal injury case.
What Does “Mitigate Damages” Mean?
In legal terms, “to mitigate damages” means to take practical, sensible steps to minimize the harm caused by someone else’s negligence or wrongdoing. For instance, if you’re hurt in a car accident and need medical care, it would make sense to follow your doctor’s advice, attend physical therapy, and avoid activities that might worsen your condition. These actions show that you’re trying to recover and not inflating your losses.
Mitigation doesn’t mean you have to go to extremes or spend money you don’t have. The law in Missouri just expects you to act reasonably, the way an ordinary person would if they found themselves in similar circumstances.
If you refuse medical treatment for no valid reason or ignore your doctor’s orders, for example, the defense might argue that you failed to mitigate your damages. In turn, this could reduce your compensation.
Examples of Mitigating Your Damages
Mitigation of damages can appear in a few different ways during a personal injury case. Some common examples include:
- Following medical advice
- Returning to work when possible
- Taking the time to rest and recover
- Seeking timely medical care
These steps reflect genuine efforts to keep your injuries from becoming worse than they have to be. If you can show that you acted responsibly, you’re more likely to keep the value of your claim intact.
Consequences of Failing to Mitigate Your Damages
If the defense can show evidence that you did not take reasonable steps to reduce your losses, the court may lower your compensation. For example, suppose you refused a simple medical procedure that could have prevented future complications. If your condition deteriorates, the defense may argue that any additional medical costs or pain you experienced could have been avoided.
The idea isn’t to blame you for the accident but to ensure the at-fault party only pays for the harm they truly caused. If part of that harm resulted from your own unwillingness to seek treatment or make a reasonable effort to recover, Missouri law allows the defense to push for a reduction in damages. That reduction will depend on how much your non-mitigating actions contributed to your overall losses.
How Insurance Companies Use Mitigation
Insurance adjusters often look for signs that a claimant has failed to mitigate their damages. They might request your medical records to see if you skipped follow-up visits or disobeyed doctors’ orders. They might also investigate your employment situation to check whether you tried going back to work.
It’s a powerful strategy for them because if they prove you didn’t mitigate damages, they can reduce what they owe you. That’s why it’s crucial to have an experienced attorney on your side. Your lawyer can advocate for you and handle all the communications and settlement negotiations.
Mitigation vs. Comparative Fault
Missouri is a pure comparative fault state. That means if you share some blame for the accident, your overall award can be lowered by your percentage of fault. Mitigation is somewhat different—it addresses what happens after the accident. Even if the other party is 100% responsible for causing your injuries, you still have a duty to act in a way that doesn’t make your injuries worse.
Comparative fault focuses on your actions leading up to the incident, while mitigation looks at your behavior after the incident. Both can affect how much you recover but for different reasons. One deals with liability for the accident itself; the other deals with liability for worsening injuries or losses.
Contact a St. Louis Personal Injury Lawyer for a Free Case Evaluation
If you’ve been injured due to someone else’s negligence in Missouri, learning about mitigation is essential for safeguarding your case. You must show that you took reasonable steps to reduce your losses—or risk having your compensation cut.
Our St. Louis personal injury lawyers at Schultz & Myers Personal Injury Lawyers are here to help. We can work to gather evidence in your favor and aim to maximize the value of your claim. We also work on a contingency fee basis, so we only receive attorney’s fees if we win compensation for you. Call us today at (314) 444-4444 for a free consultation.
