The duty to mitigate damages means it is your responsibility to take common-sense steps to minimize additional losses after the initial loss.
Your responsibilities in commencing a claim with the court are as follows:
- Keep your lawyer updated. For example, if you obtain a new doctor or if you change your home address, it is imperative that as your lawyers we know your status. It is also important we are advised of any medical referrals you are given and new prescriptions.
- Provide any and all documentation in relation to the collision or incident, including property damage photos, injury photos, etc.
- Please follow the medical advice of your doctors and treatment providers. If any of your doctors recommend treatment or assistive devises, it is important you follow those recommendations, otherwise your compensation can be reduced.
- Please send all receipts related to your case to your lawyers. We need to keep track of your out-of-pocket expenses in relation to your injuries and treatment.
- Stay active in treatment. It is important you try to mitigate your damages by seeking ongoing and attending regular treatment, otherwise, your compensation can be reduced.
- If you are unable to care for your children, care for yourself or maintain the home, it is important that you track all those who have and are assisting you. This includes dates, time spent, duties they have provided, and if any payment was made by you to them. If you have invoices for this work, this is also very helpful.
- If you are able to return to work and have been cleared by your doctors to return, it is important you attempt to do so. If you are unable to remain working due to your injuries, it is equally important that you advise your treating doctor(s) and your employer(s) of your difficulties.
If you commence a lawsuit against another party, you are responsible to mitigate your damages by actively participating in the process. If you do not, your compensation may be reduced.If you or a loved one have been injured, you may be entitled to receive the help you deserve. Contact us at JEWELL RADIMISIS JORGE LLP at (800) 715-1082 and a member of our team will be happy to assist you.