Mitigate Damages

After an injury, the steps you take can affect the amount of compensation you recover. In a personal injury claim, you are generally expected to take reasonable actions to limit additional harm or financial losses. This legal principle is known as the duty to mitigate damages.

At Conboy Law, we help injured clients understand their legal rights and obligations throughout the claims process. If you have questions about how mitigating damages may affect your case, our experienced attorneys are here to help.

What Does It Mean to Mitigate Damages?

To mitigate damages means taking reasonable steps to reduce the losses caused by an injury. 

The law does not expect you to prevent the accident or eliminate every consequence. Instead, it generally requires you to act as a reasonable person would under similar circumstances to avoid making your injuries or financial losses worse.

For example, mitigating damages may include:

• Seeking prompt medical treatment
• Following your doctor's treatment plan
• Attending recommended therapy appointments
• Taking prescribed medications as directed
• Returning to work when medically able

The duty to mitigate does not require you to take unreasonable risks, undergo dangerous medical procedures, or spend money you cannot reasonably afford. It simply requires reasonable efforts to minimize avoidable losses.

Why Does Mitigating Damages Matter?

Mitigating damages plays an important role in many personal injury claims because it may affect the amount of compensation an injured person ultimately recovers. The law generally seeks to compensate victims for losses caused by another person's negligence, but not for additional harm that could have been reasonably avoided.

For example, if an injured person ignores medical advice and their condition becomes significantly worse as a result, the defendant may argue that the additional harm could have been prevented through reasonable care.

However, failing to mitigate damages does not automatically prevent someone from recovering compensation. Instead, it may reduce the amount recoverable for losses that could have been reasonably avoided.

What Are Examples of Mitigating Damages?

The actions required to mitigate damages depend on the facts of each case. What is considered reasonable after a car accident may differ from what is reasonable after a slip and fall or another type of injury.

Examples of reasonable efforts may include:

• Seeking medical attention as soon as possible after an injury
• Following your healthcare provider's treatment recommendations
• Attending physical therapy or rehabilitation appointments
• Taking medications as prescribed
• Returning to work when your doctor determines it is safe to do so
• Looking for suitable employment if your injuries prevent you from returning to your previous job
• Taking reasonable steps to prevent additional property damage after an accident

These actions not only support your recovery but may also demonstrate that you acted reasonably to reduce your losses.

What Happens If You Fail to Mitigate Damages?

Failing to mitigate damages does not automatically mean you lose your personal injury claim. However, it may affect the amount of compensation you are able to recover.

If the defendant can show that you unreasonably failed to reduce your damages, the court may reduce compensation for the additional losses that could have been avoided. For example, if delaying medical treatment causes your injury to worsen, you may not recover damages for the portion of your condition that resulted from the delay rather than the original accident.

Importantly, the original injuries caused by the defendant's negligence may still be compensable. The issue is generally whether any additional harm resulted from a failure to take reasonable steps after the accident.

Does Illinois Law Require You to Mitigate Damages?

Yes. Illinois recognizes the legal principle commonly known as the doctrine of avoidable consequences, which generally requires injured individuals to make reasonable efforts to reduce their damages after an accident.

If a defendant argues that you failed to mitigate your damages, they generally have the burden of proving that reasonable steps could have reduced your losses and that your failure to take those steps caused additional harm.

Because every case is different, whether someone acted reasonably depends on the specific facts, the nature of the injuries, and the circumstances surrounding the claim.

Who Has the Burden of Proving a Failure to Mitigate Damages?

In Illinois, the defendant generally has the burden of proving that an injured person failed to mitigate their damages. Simply claiming that the plaintiff could have reduced their losses is not enough.

To successfully raise this defense, the defendant typically must show that:

• The plaintiff failed to take reasonable steps to reduce their damages.
• Reasonable actions would likely have prevented or reduced the additional harm.
• The plaintiff's failure resulted in avoidable losses beyond those caused by the original injury.

For example, if a defendant argues that delaying medical treatment caused an injury to worsen, they generally must present evidence showing that prompt treatment would likely have reduced the severity of the injury. If they cannot do so, the mitigation defense may not succeed.

Because this is often a fact-specific issue, courts evaluate the evidence and determine whether the injured person's actions were reasonable under the circumstances.

How Can You Show That You Mitigated Your Damages?

If your actions are later questioned, documentation can help demonstrate that you made reasonable efforts to reduce your losses after the accident. Keeping records throughout your recovery may also strengthen your personal injury claim.

Helpful evidence may include:

• Medical records documenting your diagnosis and treatment
• Records showing you attended follow-up appointments or physical therapy
• Prescription records and receipts for medications
• Employer records showing time missed from work or your return to work
• Job search records if your injuries prevented you from returning to your previous position
• Receipts for expenses incurred to prevent additional losses

Maintaining thorough records can make it easier to show that you acted reasonably under the circumstances.

What Is Considered a Reasonable Effort?

The law generally requires reasonable efforts to mitigate damages, not perfect ones. What is considered reasonable depends on the facts of each case, including the severity of your injuries and your individual circumstances.

Examples of reasonable efforts may include:

• Seeking medical treatment within a reasonable time
• Following your doctor's recommendations unless there is a valid medical reason not to
• Participating in recommended rehabilitation when appropriate
• Returning to work when medically cleared
• Accepting work that fits your medical restrictions if you cannot perform your previous job

However, you are generally not required to:

• Undergo risky or experimental medical procedures
• Accept treatment that poses an unreasonable risk to your health
• Return to work before your doctor determines it is safe
• Accept employment beyond your physical limitations

Ultimately, the question is whether a reasonable person in a similar situation would have taken the same steps to reduce their damages.

Does Mitigating Damages Mean You Must Accept Every Medical Treatment?

No. The duty to mitigate damages generally requires you to seek reasonable medical care, but it does not require you to accept every treatment option available. 

Whether a particular decision is considered reasonable depends on the facts of your case, your medical condition, and your healthcare provider's recommendations.

For example, you are generally not required to:

• Undergo high-risk surgery that carries significant medical risks
• Participate in experimental or unproven treatments
• Accept medical care that is unlikely to improve your condition
• Return to work before your doctor determines it is safe
• Follow treatment recommendations that conflict with another qualified medical opinion

At the same time, unreasonably delaying medical treatment, repeatedly missing appointments, or ignoring your doctor's recommendations without a valid reason may allow the defendant to argue that you failed to mitigate your damages. Because every situation is different, the question is generally whether your actions were reasonable under the circumstances.

Frequently Asked Questions (FAQs)

Contact Conboy Law Today for a Free Consultation

Understanding your duty to mitigate damages can help protect both your health and your right to recover compensation. If you have questions about how this legal principle may affect your personal injury claim, Conboy Law is here to help.

Call (312) 726-9000 today to schedule a free consultation with our experienced legal team.