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Rochester Personal Injury: What Is The Failure To Mitigate Damages Defense?

Jed Dietrich, Esq., Is Recognized as A Super Lawyer and Elite Lawyer of America. If Another Person's Negligence Caused Your Injuries in or Around Rochester, The Dietrich Law Firm P.C. Could Help You Secure the Compensation You Need and The Recovery You Deserve.


Doctor in a Computer Since accidents can have serious and even life-changing consequences, New York State law affords every resident the right to hold wrongdoers responsible for acts of negligence. If you, or a loved one, have been injured in an accident that was not your fault, you could be entitled to significant compensation through a personal injury lawsuit. However, even if you have a seemingly open-and-shut case, you might find your claim stymied by the other party's defense. Although you might have done absolutely nothing wrong, the defendant's attorney could accuse you of acting unreasonably before, during, or after the accident. They could, in effect, try to evade accountability by suggesting that you bear responsibility for your injuries.

Unfortunately, the so-called failure to mitigate damages defense can be very persuasive-and, in many instances, sufficient to compromise your recovery. Without experienced legal counsel, you could find the defendant's lawyer steadily chipping away at your claim, depriving you of the compensation you need to move past your injuries.

The Dietrich Law Firm P.C. believes that nobody should have to pay the price for another person's misconduct. We understand that accidents inflict more than pain-they can generate confusion and chaos, disrupting every aspect of a victim's life. Our experienced team of attorneys could analyze every aspect of your Rochester injury claim, creating a compelling, evidence-based case for recompense that explains why your actions after an accident were not unreasonable. Please send us a message online or call us at 585-939-3939 to schedule your free, no-obligation consultation.

Understanding The Failure To Mitigate Damages Defense

New York State law requires that persons injured in an accident take reasonable steps to mitigate their damages. Of course, the courts do not mandate that a seriously injured person goes to great lengths to mitigate damages in the aftermath of a catastrophic accident. Instead, the state simply expects that accident victims will take reasonable, common-sense steps to improve their condition, such as seeking medical treatment for a visible wound and adhering to their physician's recommendations. The failure to mitigate damages doctrine thus permits genuinely injured persons to pursue personal injury claims unimpeded but prevents plaintiffs from demanding additional compensation for damages not directly caused by the accident. However, the at-fault party in a personal injury lawsuit, or their insurer, could employ this defense to reduce deserved damages. They could tell a judge or a jury that:

  1. You Did Not Seek Medical Care: Personal injury attorneys always recommend that accident victims seek immediate medical care, even if the victim does not believe they sustained serious injuries. If you wait too long to see a doctor, a defense attorney could argue that you worsened your condition by not taking the common-sense step of going to the hospital.
  2. You Did Not Seek Employment: If you have been seriously injured in a slip-and-fall accident, motorcycle crash, or automobile collision, you face temporary or permanent disability and may be unable to return to work. While you could be eligible for damages to lost income and diminished earning potential, the defendant or their insurance company could claim that you never proactively sought to find a new job.
  3. You Ignored Your Doctor's Advice: The at-fault party could argue that you exacerbated your injuries by refusing a physician's advice. For example, they could say that you would not have chronic back pain if you had followed your doctor's recommendation to sign up for physical therapy.
  4. You Refused an Elective Procedure: An insurance company could claim you failed to mitigate damages even if you sought immediate medical care but refused an elective surgery or procedure that could have improved your health.

While insurance companies and defense attorneys have many strategies to reduce compensation in settlement negotiations and court, the Dietrich Law Firm P.C. has the experience needed to overcome a failure to mitigate damages defense. Jed Dietrich, Esq., is a recognized Super Lawyer and American Institute of Trial Attorneys Litigator of the Year. Since founding the Dietrich Law Firm P.C. in 2005, Jed Dietrich, Esq., has helped his clients secure more than $175 million in damages. Jed Dietrich, Esq., could help you, too. Please call the Dietrich Law Firm P.C. at 585-939-3939 to speak to a professional and discuss your best legal options for relief.

HAVE YOU, OR A LOVED ONE, BEEN INJURED IN A ROCHESTER OR MONROE COUNTY ACCIDENT?

CALL JED DIETRICH, ESQ., AND HIS TEAM OF HIGHLY QUALIFIED ROCHESTER, NEW YORK, PERSONAL INJURY ATTORNEYS AT 585-939-3939
NOW TO OBTAIN THE HELP THAT YOU NEED!

Overcoming The Failure To Mitigate Damages Defense

Doctor Consulting a Child If you know that you acted reasonably after sustaining a serious Rochester accident injury, you do not have to accept the defense attorney's assertion that you are somehow liable for your damages. However, overcoming a failure to mitigate damages defense could be difficult without the right representation. The Dietrich Law Firm P.C. could help you protect your claim from unfounded accusations by showing that you had compelling reasons to:

  1. Not Seek Immediate Medical Care: Although personal injury attorneys always advise their clients to seek immediate medical care, most accident victims do not have the advantage of readily available legal advice. The Dietrich Law Firm P.C. could push back against an insurance company's argument that you were irresponsible by reviewing your medical records and providing a reasonable explanation for your delay in care. For example, many common accident-related injuries, such as whiplash, do not cause any visible injuries and may not present symptoms for days or weeks after the initial accident.
  2. Refuse to Return to Work: Accident injuries are not all physical. If your accident caused profound psychological stress, crippling anxiety, or emotional pain and suffering, you might not have been ready to return to the workplace just because your physical injuries had healed.
  3. Disregard Medical Recommendations: The Dietrich Law Firm P.C. could explain to an adjuster, a judge, or a jury that you had legitimate reasons for disregarding medical recommendations or refusing a particular procedure. We could consider your religious beliefs and personal values, as well as the likelihood that an elective surgery or treatment would have influenced your recovery in a very significant way.

Insurance companies and defense attorneys often interpret the failure to reasonably mitigate damages much differently than ordinary people. The Dietrich Law Firm P.C. has spent years aggressively advocating for our clients-and we have the results to show for it. You do not have to let an adjuster deny you justice because they believe you do not care about your health, wealth, and well-being. Jed Dietrich, Esq., could help you get the compensation you need and the recovery you deserve. Please send us a message online or call us at 585-939-3939 to schedule your free consultation.


Call the Dietrich Law Firm P.C. immediately at 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

Client Reviews
★★★★★
I am a medical doctor and have worked with many of the best lawyers in Buffalo and I can say without question that Jed Dietrich is the only lawyer I would trust with my injury case in Buffalo New York. B.O.
★★★★★
Dogged, Determined, and Dead-set on getting you the Maximum settlement for your injuries! T.F.
★★★★★
No one will work harder, smarter or better; I have retained Jed and he obtained the best result for my case. D.P.
★★★★★
The definition of an "A" type personality-exactly who I would want to represent me in a serious personal injury case. E.S.
★★★★★
Jed is a Master in the courtroom without an equal. S.C.
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