The Obligations of a Plaintiff in Personal Injury Case

When a person is hurt or injured, it’s only reasonable for him to take actions to lessen the effects of the injury, or possibly fix any damages that may have resulted from an accident. It is applicable even if the accident was caused by another person. It is also reasonable for the injured person to demand monetary compensation or damages for the inconvenience caused by the negligent party.

However, there are ways that a defendant in a personal injury case can do to reduce the amount of damages that the plaintiff can recover.

As earlier mentioned, the plaintiff or injured party in a personal injury case has an obligation to reduce injury or damages, and failure to do so may lead to denial of his right to recover part of the damages that could have been avoided, or what is called in personal injury or auto accident law as the rule of “mitigation of damages.” Selecting a doctor and treatment, and seeking alternative employment if necessary, must be done in good faith, and with due diligence and reasonable judgment.

The Plaintiff’s Obligations

• Surgery – There may be injuries that need to have surgery, especially if recommended by the doctor. While the injured can choose not to have it, he however cannot recover damages for the consequences that could have been avoided or lessened with the help of surgery, when a reasonable person would have done so otherwise.

• Seeking medical attention – A reasonable, injured person has to seek a doctor or medical treatment immediately, even if the injury does not seem serious. Postponing medical attention may contribute to injury, which can result to denial of damages for this.

• Medical treatment and advice – Doctors usually recommend treatment or give advice to their injured patient. The patient has to abide by the treatment or advice; otherwise the injury may persist or get worse.

• Alternative treatment – There is nothing wrong with seeking alternative treatment for injury. However, opting for it and disregarding prompt medical treatment is considered unreasonable, and may lead to reduction of damages.

• Seeking employment – An injury can be a hindrance to a person’s ability to perform functions that are needed for his job. But if a job in other areas that do not require too much is available, it may be wise to take it instead of sitting by doing nothing. Not working, or showing no effort of being employed, also has an effect on the awarding of damages.

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