posted in mitigation damages
on Saturday, December 29, 2012.
When a person is injured as a result of the negligent actions of someone else, the injured person has an obligation to take reasonable steps to minimize the effect and loss related to their injuries. This obligation is known as a plaintiff’s duty to mitigate damages. Your Connecticut injury attorney will make sure you take the reasonable steps mandated by law to mitigate your damages.
Three of the important ways for you to mitigate your damages are to follow your doctor’s orders, attend each of your appointments, and follow all prescribed treatment.
Follow Doctor’s Orders
Damage awards may be reduced if you fail to follow through with your doctor’s orders, suggestions and recommendation. So, if your doctor recommends a treatment plan, it is extremely important to follow through with this plan.
If you do not follow your doctor’s orders, the insurance company may believe that your injuries are exaggerated or even made up. Following your doctor’s orders is not only beneficial to your case, but also important to your recovery and overall health.
You Must Attend All Appointments
Another key advice your Connecticut injury attorney will give you in mitigating your damages is to attend all scheduled doctor’s appointments. If you fail to show up for an appointment, there will be a “no show” on your records. This may be used as evidence to show you are not serious about recovering from your injuries. This will likely cause the adjuster to reduce the settlement offer because you failed to attend your appointment.
If you cannot keep your appointment, you should call ahead of time to cancel. Your Connecticut injury attorney will advise you to immediately reschedule the missed appointment.
Follow Prescribed Treatment
Often, treatment plans include prescribed medications as well as hands-on care, such as physical therapy and chiropractic care. It is imperative that you follow any prescription and treatment instructions assigned to you by your doctor. Failure to do so may be used against you at trial or during negotiations.
For more information about mitigating your damages, Piazza, Simmons, and Grant LLC, at (888) 652-6629 to schedule a complimentary initial consultation with Connecticut injury attorney Anthony Piazza.