How Can I Mitigate Damages After a Car Accident?
If you were seriously hurt in a wreck through no fault of your own, you may be able to seek compensation for the associated losses. First, however, you’re going to have to put together a strong claim that’s founded on compelling evidence.
You’re also going to have to take reasonable measures to mitigate the losses you do claim. Otherwise, you could be deemed partially liable for their severity, and under Florida’s pure comparative fault rule, that could reduce the payout to which you’re entitled accordingly.
Thankfully, mitigating damages is fairly straightforward. The challenge lies in documenting your efforts thoroughly.
Let’s take a look at some of the most practical—and effective—ways to lessen your losses, so you can pursue the maximum payout possible:
1. Seek Prompt Treatment
From whiplash to internal bleeding, there are a host of impact injuries that don’t always manifest noticeable symptoms in the hours or days following the wreck. That means even if you feel relatively fine, you might need treatment, and if you don’t get it in a timely manner, you could suffer additional complications for which you’re deemed liable.
As such, it’s imperative that you visit a doctor as soon as possible after the accident (preferably later that same day or at least within 24 hours). If your own primary care provider cannot fit you in, head to a local urgent care center. You can also seek treatment at a hospital’s emergency department, though you should be prepared to spend some time in the waiting room if you don’t have any obvious life-threatening injuries.
2. Prioritize Your Recovery Above All Else
Once you do start treatment, it’s important to follow medical advice. Take any prescription drugs as instructed, attend all follow-up appointments, stay on top of your physical therapy, and don’t return to the workforce until your doctor gives you the go-ahead.
While you’re at it, make sure you log everything. For example, you should preserve all pertinent medical records, document every missed shift at work, and write about each procedure you undergo in your personal injury journal.
3. Be as Self-Sufficient as Your Doctor Advises
Florida tort law recognizes the cost of reasonable and necessary replacement services as a recoverable loss. Examples include meal preparation, housekeeping, and child care.
Depending on the kinds of injuries you sustained, though, doing things for yourself could facilitate your recovery. If your doctor instructs you to walk every day once mobility returns, for example, the cost of hiring a dog walker could be considered an unwarranted expense, or a damage that could have been mitigated. As such, you wouldn’t be able to include it in your claim.
Speak with a Tampa Car Accident Attorney
Were you struck by a drunk, drowsy, or distracted driver? Are you hoping to hold them accountable for their negligence?
For strategic guidance at every stage of the proceedings, turn to Capaz Law Firm, P.A. Our tenacious team will provide the legal counsel you need and the attentive service you deserve. Call 813-551-3907 or submit the Contact Form on our website to schedule a free initial consultation with a car accident lawyer in Tampa.