After an accident, your main concern is likely to get better and return to your normal routine. If someone else’s negligence caused your injuries, you may also have the right to seek compensation for your losses. However, California law requires injured people to take reasonable steps to prevent their injuries or financial losses from worsening. This is known as the duty to mitigate damages.
Mitigating damages does not mean you have to recover quickly or spend money you do not have. It simply means making reasonable efforts to limit further harm. Understanding this rule can help you make informed decisions after an accident.
What Does It Mean to Mitigate Damages?
To mitigate damages means taking reasonable steps to reduce the harm caused by another person’s wrongful actions. In personal injury cases, this often involves seeking medical care, following reasonable treatment plans, and avoiding activities that could make an injury worse.
Under California Civil Jury Instruction (CACI) No. 3930, an injured person generally cannot recover compensation for harm that could have been avoided through reasonable efforts or expenses.
For example, suppose someone breaks their leg in a car accident. Their doctor recommends wearing a cast and avoiding strenuous activity. If they ignore these instructions and suffer additional harm, the insurance company may argue that some of their losses could have been avoided.
That does not mean they lose the right to seek compensation for the original injury. It simply means that some additional losses may not be covered.
Why Is Mitigating Damages Important in California Personal Injury Cases?
California law generally allows injured people to seek compensation when someone else’s negligence causes them harm. Under California Civil Code Section 3333, damages are intended to compensate for losses caused by a wrongful act.
The duty to mitigate damages helps determine which losses the responsible party must pay.
This rule may affect compensation for:
- Medical expenses: Costs for treatment, rehabilitation, and ongoing care
- Lost wages: Income lost while recovering from injuries
- Reduced earning capacity: Losses caused by a reduced ability to work
- Pain and suffering: Physical discomfort and emotional distress related to an injury
- Future damages: Expected medical costs and other long-term losses
Failing to mitigate damages does not automatically prevent you from recovering compensation. However, it could reduce the amount you receive for harm on your personal injury claim that reasonable steps might have prevented.
How Can You Mitigate Damages After an Accident?
There is no single approach to mitigating damages. The steps you can reasonably take will depend on your injuries, medical needs, and personal circumstances.
Still, there are several ways to help prevent further harm after an accident.
Seek Appropriate Medical Attention
Getting medical attention after an accident can help identify injuries and prevent complications. Some injuries, such as concussions and internal injuries, may not cause obvious symptoms right away.
Waiting too long to seek treatment could also raise questions about whether later complications might have been prevented.
Of course, not every delay is unreasonable. Your symptoms, access to medical care, and reasons for waiting all matter.
Follow Reasonable Medical Recommendations
Following your doctor’s advice can help you recover and avoid additional injuries. This may include taking prescribed medication, attending physical therapy, or following restrictions on certain activities.
If a recommended treatment causes problems or does not seem right for you, talk to your medical provider. Getting another medical opinion may also be reasonable.
California law does not expect you to accept every suggested treatment without considering the risks or your circumstances.
Take Reasonable Steps to Return to Work
An injury can make it difficult or impossible to return to your usual job. If your doctor clears you for modified duties, exploring suitable work may help reduce your lost income.
For example, a warehouse employee who cannot lift heavy objects might be able to handle paperwork or other light duties during recovery.
However, you are not expected to return to work before it is medically appropriate. You also should not have to take on tasks that place your health at unreasonable risk.
Keep Records of Your Recovery
Keeping track of your recovery can make a difference if questions arise about how you handled your injuries.
Helpful records include:
- Medical bills and treatment records
- Prescription and rehabilitation expenses
- Written work restrictions
- Records of missed work and lost income
- Communications with medical providers
- Receipts for necessary injury-related expenses
These documents can help show the steps you took to recover and explain your decisions if an insurance company questions them.
Contact the California Personal Injury Lawyers at Mercado Kramer for Help
Recovering from an accident can be difficult enough without worrying about how your decisions might affect your claim. If someone else’s negligence caused your injuries, understanding your duty to mitigate damages can help you protect your right to compensation.
Contact Mercado Kramer today to arrange a free consultation with one of our Monterey, California personal injury attorneys.
Visit Our Personal Injury Law Office in Monterey, CA
450 Lincoln Ave Ste. 102, Salinas, CA 93901
(888) 311-4050
Open 24/7
