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When you’ve been injured because of someone else’s negligence, you have the right to pursue compensation for your losses. However, many injured individuals are surprised to learn that they also have legal responsibilities after an accident. One of the most important is the duty to mitigate your damages.
Understanding what this duty means and how it can affect your personal injury claim can help protect your right to fair compensation.
The duty to mitigate is a legal principle that requires injured individuals to take reasonable steps to minimize the losses resulting from their injuries. While the at-fault party may be responsible for compensating you, the law expects you to avoid unnecessarily worsening your condition or increasing your financial losses.
Mitigating your damages does not mean you must make a full recovery or undergo every possible treatment. Instead, it means acting reasonably under the circumstances. This may include seeking timely medical care, following your doctor’s treatment recommendations, attending rehabilitation appointments, and making reasonable efforts to return to work if medically able.
Every case is unique, and what is considered “reasonable” will depend on the specific circumstances of your claim, including the nature and extent of your injuries, your recovery, and the medical advice you receive.
The duty to mitigate exists because personal injury compensation is intended to cover losses that could not reasonably have been avoided. The law seeks to place injured individuals in the position they would have been in had the accident not occurred. It is not intended to compensate for avoidable losses.
For example, if recommended physiotherapy would likely improve your recovery but you choose not to attend without a valid reason, the other party may argue that some of your ongoing pain or disability could have been prevented.
This principle promotes fairness by ensuring that both parties act responsibly. While the negligent party remains accountable for the harm they caused, injured individuals are expected to take reasonable steps to support their own recovery.
Medical treatment plays a significant role in fulfilling your duty to mitigate. One of the strongest ways to demonstrate that you are acting reasonably is to seek medical attention promptly after an accident and carefully follow your healthcare provider’s recommendations.
This may include:
It is important to remember that there can be legitimate reasons why certain treatment may not be appropriate. Financial limitations, limited access to extended health care benefits, significant medical risks, or religious beliefs may all be relevant factors. If you have concerns about a recommended treatment, discuss them with your healthcare provider and your lawyer rather than simply discontinuing care.
If treatment has been recommended for you but you do not know how to access this treatment, discuss this with your healthcare provider and your lawyer. We can help you satisfy your obligation to mitigate your damages by providing clear guidance on the reasonable steps you should take throughout your recovery.
Keeping records of your appointments, treatments, and progress can also help support your claim if your efforts are later questioned.
If a court determines that you failed to take reasonable steps to reduce your losses, your compensation may be reduced. This is referred to as a failure to mitigate.
This does not automatically mean your entire claim will be denied. Instead, the court may assess whether your actions (or inactions) contributed to the extent of your ongoing injuries or financial losses.
For example, if evidence shows that following a recommended rehabilitation program would likely have shortened your recovery period, the court may reduce the damages awarded for the additional pain, lost income, or treatment costs that could reasonably have been avoided.
Insurance companies frequently raise mitigation as a defence, but they generally bear the burden of proving that:
Insurance companies closely review your medical records and treatment history when evaluating your personal injury claim. If they believe you delayed seeking treatment, missed appointments, stopped rehabilitation prematurely, or ignored medical advice, they may argue that you failed to mitigate your damages.
These arguments are often used to reduce the value of a claim or challenge the severity of ongoing injuries.
However, insurance companies do not have the final say. They must prove that you did not take reasonable steps to reduce your losses and that this increased your damages.
There may be valid explanations for gaps in treatment, including access to treatment, financial hardship, transportation issues, changes in medical advice, or complications related to your injuries. At Burn Tucker Lachaîne, we can help explain these circumstances and present evidence showing that you acted reasonably.
It is also important not to let insurance adjusters pressure you into making treatment decisions. Medical care should always be guided by qualified healthcare professionals, not by an insurance company’s assessment of your claim.
If you have been injured in a motor vehicle accident, you may have access to medical and rehabilitation benefits through your automobile insurance policy, regardless of who was at fault for the collision. These accident benefits are designed to help pay for treatment and support your recovery, including, but not limited to, physiotherapy, chiropractic care, occupational therapy, psychological counselling, assistive devices, and other medical services.
Accessing these benefits can be an important part of fulfilling your duty to mitigate your damages. If recommended treatment is available through your accident benefits coverage, making reasonable efforts to obtain and participate in that treatment demonstrates that you are taking active steps toward your recovery.
In some cases, insurance companies defending a personal injury claim may argue that an injured person failed to mitigate their damages by not applying for or using available accident benefits to fund recommended rehabilitation. While every case depends on its specific facts, taking advantage of available treatment benefits can help support both your physical recovery and your legal claim.
Navigating the accident benefits system can be challenging. Applications, medical documentation, treatment plans, and insurer approvals often involve strict deadlines and procedural requirements. Delays or denials of benefits can also interrupt important medical care.
At Burn Tucker Lachaîne, we can help you understand what accident benefits may be available, assist with disputes over denied treatment, and ensure that your rehabilitation needs are properly documented. Receiving appropriate medical care as early as possible not only improves your chances of recovery but also helps demonstrate that you have taken reasonable steps to minimize the impact of your injuries.
The duty to mitigate can have a significant impact on the outcome of your personal injury claim. Understanding your legal responsibilities early can help protect your health and maximize the compensation you may be entitled to recover.
If you’ve been injured in an accident, our experienced personal injury lawyers can explain how the duty to mitigate applies to your situation, help you navigate the claims process, and advocate for your best interests every step of the way.
For advice please text 613-777-0992 or contact us through our website to schedule a meeting with one of our lawyers. We provide a free consultation, in French or English, to ensure that your rights are protected.
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