You were involved in a crash, it wasn’t your fault, and now you get a letter from some insurance company you’ve never met, saying you have a duty to mitigate your damages? What does that mean? First of all, “mitigate” means to reduce, or lessen, or not let them continue to keep going. So, for example, if you could have some medical treatment that would reduce your pain and suffering, such as a surgery, you have an obligation to go through and have that medical treatment so you can reduce the amount of pain and suffering you’re going to have as a result of the other person’s carelessness. Sometimes it involves wage loss. You have an obligation to go back to work as soon as your doctor has released you from medical care to do so. So, you can’t just sit at home and wait until your case settles to go back to work. If your doctor says you are able to go back to work and you are able to do that, in fact, you have an obligation to mitigate, or lessen the amount of time you miss from work by going back to work when you are released from care to do so.
If you have additional questions about damages and responsibilities after an accident, pick up the phone and call the Law Offices of Frank M. Nunes at 559-436-0850.