Syracuse, New York: What Is The Failure To Mitigate Damages Defense?

Jed Dietrich, Esq., Recognized as a Super Lawyer and an American Institute of Personal Injury Attorneys 10 Best Attorneys, Has Spent His Entire Career Standing Up for The Victims of Negligence. If You Have Been Injured in a Syracuse Accident That Was Not Your Fault, the Dietrich Law Firm P.C. Could Help You File a Personal Injury Lawsuit Against a Reckless Driver, Negligent Trucking Company, or Irresponsible Property Owner.

---

You should not have to feel like you have no choice but to pay out-of-pocket for an accident that was not your fault. Under state law, you could be entitled to file a personal injury lawsuit against the person or party who caused your injuries. Since New York does not cap damages in most personal injury claims, you could obtain as much money as you need to pay down your debt and begin rebuilding your life.

However, any money you receive, whether through a negotiated settlement or a court-ordered award, could be contingent on actions you take long before your case is closed.

Just as you have a right to take your claim to court, the person or party you name as a defendant has a right to tell their side of the story. Ensuring that you have a strong case is paramount, but it is not always easy to do. In a personal injury lawsuit, evidence counts for a lot, and it does not always take the form that you might expect.

In New York, one of the most common defenses raised in personal injury lawsuits is termed the “failure to mitigate” defense. This defense suggests that a reasonable accident victim will do everything in their power to minimize, or “mitigate,” the impact of their injuries. For most people, mitigating an injury means going to the doctor, following up on your physician’s referrals, and taking recommendations like physical therapy seriously. Refusing care for any reason could prompt a defense attorney to accuse you of failing to mitigate your damages.

The failure to mitigate damages defense would not bar you from filing a lawsuit, but it could seriously detract from your settlement.

You do not have to take unnecessary risks with your rights. A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades fighting for the rights of New York families. If you have been injured in an Onondaga County accident that was not your fault, our experienced team of personal injury lawyers could help you anticipate defense strategies and build a strong, compelling case for recompense. Send us a message online or call us today at 1-866-529-5334 to speak to a personal injury attorney near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

The Failure To Mitigate Damages Defense

New York’s legal code is not easy to understand.

In the context of a personal injury lawsuit, different laws, theories, and expectations can come into play. Some of these laws are written, meaning that they have been incorporated into New York’s legal code by state legislators. Others take the form of what lawyers typically call “case law,” a massive body of judicial rulings, decisions, and guidance issued by judges at almost every level.

The failure to mitigate defense combines statutory law written by legislators with case law developed by courts. Under most circumstances, a court will accept a failure to mitigate defense if any of the following is true:

You Failed to Obtain Medical Care

Personal injury attorneys almost always recommend seeing a doctor after an accident. This is not just because you need care to get better. Instead, if you wait too long to get help, a defense lawyer could argue that you worsened your own condition by failing to take the reasonable step of getting your injuries treated at a hospital.

You Failed to Seek Gainful Employment

If you have been seriously injured in a car crash, a slip-and-fall accident, or a motorcycle collision, you could face temporary or permanent disability that prevents you from immediately returning to work. You could be entitled to damages for your lost income and diminished earning potential, but if you eventually feel good enough to return to work, you are expected to put yourself and your resume back onto the market. If the defendant thinks you have not made enough effort, they could try to reduce your damages by arguing that you were never proactive or honest about finding gainful employment.

You Ignored Medical Advice

Even if you did see the doctor, a defense lawyer could try to argue that you ignored medical advice that either caused a complication or worsened your overall condition.

You Refused a Medical Procedure

An insurance company could also claim that your condition would have been improved if you had accepted a medical procedure, even if the procedure presented a risk of complications or was viewed as elective.

Overcoming The Failure To Mitigate Damages Defense

The Dietrich Law Firm P.C. has spent more than 30 years filing, fighting, and winning high-stakes personal injury claims. If you were seriously injured in a Syracuse-area accident that was not your fault, we could help you protect your case from potentially bad-faith allegations that you did not do enough to get better.

Depending on the circumstances of your case, we could:

1. Provide evidence showing that your failure to seek immediate medical care was due to circumstances beyond your control;
2. Retain expert medical witnesseswith the professional experience necessary to prove that your condition could have caused delayed symptoms that would not have been immediately noticeable; and
3. Determine if your failure or inability to return to work was caused by accident-related trauma, depression, anxiety, or another non-physical condition.

We also understand that some people have compelling explanations that are not explicitly accommodated by the law or legal precedent. Some people, for instance, might refuse medical procedures that conflict with their religious beliefs. You should never be penalized for exercising your First Amendment rights, but that might stop a defense lawyer from trying. If the court accepts the failure to mitigate defense, your damages could be reduced proportionately to your level of presumed fault.

You do not have to let a defense lawyer, an insurance adjuster, or a negligent business’s pressure tactics come at the cost of your rights. Since founding the Dietrich Law Firm P.C. in 2005, Jed Dietrich, Esq., has helped his clients secure more than $300 million in damages. We could help you, too. Send us a message online now or call us today at

(866) 529-5334 to speak to a personal injury lawyer near Syracuse and schedule your free, no-obligation consultation as soon as possible.

---

Call the Dietrich Law Firm P.C. immediately at (866) 529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

---