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Miami Injury Lawyer > Blog > Personal Injury > What Does A Duty To Mitigate Mean When Pursuing A Personal Injury Claim?

What Does A Duty To Mitigate Mean When Pursuing A Personal Injury Claim?


If you have been injured because someone else was negligent, you can obtain compensation by filing a personal injury claim. However, claimants have certain duties and responsibilities when pursuing compensation for injuries.

It is not uncommon for insurance companies to undervalue or deny personal injury claims by arguing that the claimant did not mitigate the damages. But what does it mean when an insurer says that you failed to mitigate your damages?

If an insurance company is trying to pay you as little as possible or deny coverage altogether, do not hesitate to contact a knowledgeable lawyer to protect your rights and seek the compensation you are entitled to.

Speak with our Miami personal injury attorneys at Pita Weber Del Prado to discuss how a duty to mitigate might affect your particular case.

What is a Duty to Mitigate?

Many people do not realize that they have a duty to mitigate damages when filing a personal injury claim and seeking compensation for their injuries and losses.

The duty to mitigate means that the claimant must take reasonable measures to minimize (mitigate) their damages after suffering an injury, even if the injury is caused by someone else’s negligence.

In Florida, a claimant may be barred from obtaining compensation if their damages could have been avoided by the claimant without causing humiliation, undue risk, or burden.

It means that you have a duty to take reasonable steps to reduce your damages after sustaining an injury caused by another person’s negligent conduct or omission.

The insurance company may reduce your compensation or deny your personal injury claim altogether if the insurer can prove that you failed to take reasonable measures to mitigate your damages.

What Are Considered Reasonable Steps to Mitigate the Damages?

When filing a personal injury claim, you need to understand what steps are considered reasonable when it comes to mitigating damages. The first thing a claimant must do to mitigate damages when trying to recover damages is to seek medical treatment after sustaining an injury.

Another thing you should do to mitigate damages when seeking compensation is to follow all of your doctor’s orders to ensure that you recover faster and can return to work.

What to Do if an Insurance Company Says That I Failed to Mitigate the Damages?

If an insurance company can prove that you failed to mitigate your damages, it can reduce your total award. If you fail to mitigate the damages, you will be barred from getting compensated for the damages that could have been avoided if you had minimized your damages.

If you fail to mitigate the damages after your accident, your insurance company may even deny coverage. For this reason, it is highly recommended to seek the legal counsel of a skilled attorney to help you seek the compensation to which you are entitled.

At Pita Weber Del Prado, our skilled personal injury lawyers are committed to helping you obtain maximum compensation. Call 305-670-2889 to schedule a case review.

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