What happens if a victim fails to mitigate damages in a personal injury lawsuit? | Shapiro, Washburn & Sharp

If a victim fails to mitigate the damages their injuries cause, it can have a negative effect on any injury claim or lawsuit they have filed against the at-fault party. For example, let’s say the victim fails to follow medical treatment recommendations from their doctor. This causes their injury to worsen and leads to more medical expenses, a longer recovery period and loss of income, and other financial damages. The insurance company could successfully use the victim’s failure to follow their medical treatment plan as a way to avoid paying for any of those additional losses the victim has suffered.