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Colley Shroyer Abraham
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Limit your damages to help your case

If you have been injured in an automobile accident as the result of another individual's negligence, you may be seeking damages for your injuries. To see that your personal injury case is successful, it is crucial to work with an experienced attorney and to take the necessary steps to mitigate damages.

After an automobile accident, injured parties have a duty to mitigate further damage while seeking compensation for their loss. This essentially means that any party involved must take reasonable steps to limit further damage, both physical and financial in nature, after an accident. In fact, many juries will deny compensation to an injured individual after an automobile accident if they did not take these steps to limit their own loss.

If injury or loss could have been avoided by receiving reasonable medical treatment, and an injured individual chose not to seek care, a jury is not likely to award damages related to the loss. Likewise, damages for lost income may not be awarded if an injured individual did not take reasonable steps to find alternate employment during their lawsuit.

In order for damages to be received after an auto accident, the injured party must show a jury that they have taken reasonable steps to limit their loss. The only exception to this practice is when surgical intervention has been recommended. An injured individual may reject surgery as an option to mitigate damages without it being held against them. This option, however, also has its limits. If surgery would significantly reduce the loss suffered by an injured individual or allow them to avoid permanent disability, a jury may choose not to award damages to cover loss that could have been avoided.

As with any personal injury case, success weighs heavily on the legal representation an injured individual retains. Working with an experienced personal injury attorney can help those injured in automobile accidents receive the compensation they need to recover.

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