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If you get hurt in a serious accident that is not your fault, you have the right to sue those liable for the incident. A successful claim will result in compensation for all losses—as long as you do everything possible to mitigate such damages. Unfortunately, even the most strategic personal injury lawyer in the country cannot help clients secure compensation for 100% of their losses if they exacerbate their own injuries by failing to exercise reasonable care. Below, you will find a plaintiff’s two primary obligations for mitigating damages.

Protect Their Health

Claimants must take all reasonable measures to protect their health following an accident. This includes seeking immediate medical care and following their doctor’s orders. If you are wary of a particular treatment or surgery, it is within your right to seek a second opinion; however, only trying alternative remedies or dismissing a legitimate treatment modality will affect the total recoverable damages. Depending on the circumstances, the opposing party could argue you are at least partially liable for the injuries and, subsequently, the resulting losses. 

Protect Their Finances 

personal injury lawyerIf you are physically capable of returning to work, you have an obligation to do so. Mild to moderate injuries rarely leave anyone 100% disabled, which means they are typically able to earn a living wage after recovering. As long as you can secure gainful employment, a personal injury lawyer cannot include loss of earning capacity in the settlement negotiations. It is important to note that being unable to work the same position you held prior to the accident is not reason enough to sue for lost income. You must make a reasonable attempt to secure any kind of job for which you are qualified, regardless if it’s a different position or industry. 

 

If you sustained life-changing injuries and want to do everything possible to mitigate damages, turn to a personal injury lawyer at Ely, Bettini, Ulman, Rosenblatt, & Ozer, Attorneys at Law. Located in Maricopa County, this firm is one of the oldest in the state of Arizona. For more than five decades, they have been helping clients secure compensation following auto wrecks, medical malpractice, and other accidents. To inquire about your free initial consultation with a compassionate and attentive personal injury lawyer on their team, visit their website or call (602) 230-2144. 

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