When you’re injured in an accident, Georgia law expects you to take reasonable steps to minimize your losses. This legal concept, known as the duty to mitigate damages, can significantly impact the outcome of your personal injury claim.
Understanding your responsibilities and how to document your actions can protect your rights and help you pursue fair compensation.
What Does It Mean To Mitigate Damages?
Under Georgia Code § 51-12-11, injured individuals must use “ordinary care and diligence” to avoid worsening their damages. You can’t simply allow losses to build up when reasonable actions could limit them. This duty applies to several aspects of a personal injury case, including medical care, employment, and property damage.
Mitigation doesn’t mean you have to go to extreme lengths or accept risky treatments. The law only requires you to act reasonably under the circumstances.
Medical Treatment and Mitigation
Prompt and appropriate medical treatment is one of the most important ways to mitigate damages. Delaying care can cause injuries to worsen, which may increase medical costs and prolong recovery.
To demonstrate mitigation efforts, be sure to:
- Seek medical attention as soon as possible
- Follow all treatment recommendations from your doctors
- Attend scheduled appointments and complete prescribed therapy
- Take medications as directed
You’re not obligated to undergo every suggested procedure. The law recognizes that some treatments may be unreasonable due to cost, risk, or other personal considerations. For example, you don’t have to pursue:
- Experimental or unproven treatments
- Risky or painful surgeries
- Procedures that conflict with your religious beliefs
According to Georgia law, an injured party has a duty to use ordinary care and diligence to mitigate their damages. However, they are not required to take extraordinary or unreasonable steps to do so.
Employment and Lost Wages Mitigation
If your injuries prevent you from working, you are expected to make reasonable efforts to return to the workforce when your doctor clears you. That doesn’t mean going back before you’re ready, but it does mean staying proactive.
Reasonable efforts may include:
- Returning to lighter-duty or part-time work
- Applying for roles within your capabilities
- Participating in vocational rehabilitation or retraining programs
Keep detailed records, including:
- Job applications
- Interview schedules
- Notes from vocational counselors or therapists
Factors like your age, experience, and the severity of your injuries will affect what counts as “reasonable.”
Property Damage Mitigation
If your vehicle or personal property was damaged, you’re expected to prevent further harm and minimize repair costs. Examples include:
- Towing a disabled vehicle to avoid more damage
- Covering broken windows or securing a damaged structure
- Getting timely repair estimates
You don’t have to choose the cheapest fix, but repairs should be reasonably priced. If replacing an item is more economical than fixing it, that may be the better option.
Limitations on the Duty To Mitigate
Mitigation efforts must be practical and reasonable. The law does not require you to:
- Risk further injury or undergo painful treatments
- Take on financial hardship for medical care
- Travel unreasonable distances for treatment or work
Financial, physical, and geographic limitations are all valid considerations. If you can’t afford treatment, the law doesn’t expect you to go into debt. However, it may require exploring insurance, payment plans, or community resources.
How Insurance Companies Use Mitigation Arguments
Insurers often look for ways to reduce their liability, and failure to mitigate is a common tactic. They may claim:
- You delayed treatment unnecessarily
- You ignored medical advice
- You could have returned to work earlier
Some insurers use surveillance to challenge your claims, looking for evidence that contradicts your reported limitations.
The burden of proof is on the defendant to show that you failed to mitigate damages. Still, it’s important to proactively document your actions and decisions to strengthen your case.
Contact a Personal Injury Lawyer for Help
If you have questions about your duty to mitigate damages after an injury in Griffin, Georgia, an experienced personal injury lawyer can explain your legal obligations, guide you through the claims process, and work to protect your right to fair compensation.
For trusted advice and skilled representation, contact The King Firm Car Accident and Personal Injury Lawyers today at (404) 567-4546 to schedule your free consultation.
