What is the victim’s responsibility for mitigation of medical damages? | Shapiro, Washburn & Sharp

It is expected that the victim will seek out medical care within a reasonable time period following an accident. Although it is not uncommon for symptoms of an injury to be delayed, once symptoms appear, the victim needs to seek out medical assistance right away and not wait an unreasonable amount of time. Doing so could cause the injury to worsen and increase the amount of medical expenses.

It is also expected that the victim will follow their doctor’s medical recommendations and treatment plan. This means following all medical instructions, keeping all appointments, taking all medications, and following up with other specialists, such as physical therapists.