People who suffer injuries at the hands of a negligent or reckless driver may opt to pursue a compensation claim for the financial damages they’re dealing with. There are several factors that come into the picture is what steps the victim took that would help to keep their damages as low as possible. This is known as mitigating damages or the doctrine of avoidable consequences.
Typically, awards for successful personal injury cases can be reduced if it’s found that the victim didn’t mitigate damages. However, there are some considerations that must be taken into account regarding how victims should mitigate damages.
What can victims do to mitigate damages?
One of the most effective ways to mitigate damages is to seek immediate medical care. The doctor can diagnose the injuries and set a treatment plan to address them. In many cases, following the treatment plan is critical, as long as it’s what any reasonable person would do.
There are some exceptions to this. One is when surgery or other invasive procedures are part of the treatment plan. If the victim opts to not have a surgery that could have prevented permanent damages, they won’t be able to receive damages for those permanent effects as long as a reasonable person would have agreed to the surgery.
Anyone who’s injured in a car crash should work with someone familiar with these matters to determine their options for compensation. In Georgia, you only have two years after the date of the crash to file the claim, so swift action is critical.