What is the duty regarding failure to mitigate in personal injury cases?

In personal injury cases, the duty regarding failure to mitigate primarily entails the obligation of the injured party to seek appropriate medical treatment. This means that once a person has suffered an injury, they are expected to take reasonable steps to recover from that injury and minimize their damages.

The principle of mitigation of damages operates under the idea that a plaintiff should not allow their situation to worsen unnecessarily. Failure to seek appropriate medical treatment could result in the plaintiff suffering greater damages than what could have been avoided with timely and effective treatment. If it is shown that the injured party did not take reasonable steps to mitigate their injuries by seeking medical treatment, this could potentially reduce the amount of damages they are entitled to recover in a lawsuit.

For instance, if a plaintiff suffers a back injury but neglects to follow up with medical attention or physical therapy, and their condition subsequently deteriorates, the court may find that the plaintiff's inaction contributed to their increased suffering and thus reduce any awarded damages accordingly.

Other actions listed, such as pursuing only legal action, accepting all insurance offers, or waiting for a case to settle, do not directly address the duty to mitigate damages through proactive measures like securing necessary medical care. This highlights why seeking appropriate medical treatment is the correct and most relevant duty in