The Legal Duty of Minimizing Damages After an Injury

      Comments Off on The Legal Duty of Minimizing Damages After an Injury

You have a lot on your plate if someone else’s carelessness hurts you. Victims have more than just their physical suffering and financial losses to contend with while pursuing compensation from the party at fault. You also have an obligation under the law to take steps to limit the financial impact of your injuries by contacting a Wisconsin personal injury lawyer.

What Does It Mean to “Minimize Damages” When Someone Is Hurt?

Wisconsin is one of the states that allow those hurt by the carelessness of others to sue for financial recompense. Examples of this kind of thing could be:

  • Healthcare expenses
  • Examining for diagnoses
  • Medical care fees
  • Transportation Needed Due to an Accident
  • Appointments with the doctor and subsequent therapy
  • Orthopedic treatment
  • Wheelchairs and crutches are examples of medical gadgets.
  • Discomfort and agony

However, there is a disclaimer. According to the law, plaintiffs should not seek excessive compensation for their claims. This is why you have an obligation under the law to pursue compensation for your injuries. It is their responsibility to take reasonable measures to limit your losses.

You will benefit from minimizing losses, too. Taking these practical measures indicates that you are also trying to improve.

Why Would Not a Victim Try to Limit Their Losses?

Refusing medical attention at any time may be perceived as unwilling to take steps to reduce losses. Some other typical instances include:

Failure to seek medical attention following an incident that resulted in injuries and damages

Risking your recuperation or aggravating your injuries by engaging in activities your doctor has warned you against doing

Neglecting your doctor’s advice and not finishing your physical treatment can slow or prevent your recovery.

What Consequences Might Result from Inadequate Damage Minimization?

Failure to reduce damages is an affirmative defense in personal injury cases. The defendant can use this legal defense to diminish their responsibility for your losses. This means the party at fault can try to offer you less compensation for your losses.

The defendant must show that there was no attempt to lessen the damage. The defendant must establish that they took no steps to lessen the damage done to them in order to win this type of case. 

This can only happen if the defendant responds to your lawsuit against them by asserting a defense based on your conduct. This defense is waived if the defendant does not assert it.

Who Decides If Losses Have Been Minimized to a Reasonable Extent?

A jury will examine your post-injury conduct to see if you took reasonable precautions to limit your financial losses. The amount of money you get back can get cut in half if it turns out you did nothing to prevent further harm from happening.