Do Injury Victims Have a Duty to Mitigate Damages?

Suffering an injury due to someone else’s negligence is already overwhelming. You’re dealing with medical bills, lost wages, and the emotional toll of the accident. But did you know that New Jersey law places a duty on injury victims to mitigate their damages?

Understanding this legal concept is crucial because insurance companies often use it as a defense to reduce the compensation they owe. 

Below, we explain this duty, what injury victims expect, and how to protect your rights.

What Does “Duty to Mitigate Damages” Mean?

Under New Jersey law, injury victims are responsible for taking reasonable steps to minimize the financial and physical consequences of their injuries. This legal obligation is known as the “duty to mitigate damages.”

This does not mean you are at fault for your injuries. Instead, it means you must take actions a reasonable person would take under similar circumstances to avoid worsening your injuries or incurring unnecessary costs. If you fail to mitigate damages, the at-fault party or their insurance company may argue to reduce the amount they owe you in compensation.

New Jersey courts have addressed this issue in past cases, reinforcing that while victims have a duty to mitigate, they are not required to take extreme or financially burdensome actions.

Examples of Mitigating Damages After an Injury

If you’ve been injured, here are some reasonable steps you should take to comply with your duty to mitigate:

• Seeking Prompt Medical Treatment: Delaying medical care can not only worsen your condition but also give insurers a reason to argue that your injuries aren’t as serious as you claim.
  
• Following Doctor’s Orders: If your doctor prescribes medication, therapy, or restrictions on activities, it’s important to follow these instructions to show that you are taking reasonable steps to recover.
  
• Returning to Work When Possible: If you are medically cleared to return to work (even on light duty), refusing to do so could be considered a failure to mitigate economic damages.
  
• Undergoing Recommended Rehabilitation: Skipping physical therapy or refusing necessary surgery (unless there are valid health risks) could be used as evidence that you failed to mitigate your damages.
  
• Using Available Health Insurance: If you have health insurance that covers part of your medical expenses, using it can demonstrate reasonable mitigation.

New Jersey courts recognize that each case is unique, so what’s considered “reasonable” will depend on your specific circumstances.

Consequences of Failing to Mitigate Damages

If an insurance company or defense attorney successfully argues that you failed to mitigate damages, your compensation could be reduced. Here’s how:

• Reduced Medical Expenses Coverage: If you avoid medical treatment and your condition worsens, the insurer may refuse to cover additional medical costs that could have been avoided.
  
• Lower Compensation for Lost Wages: If you refuse to return to work when medically capable, your claim for lost wages may be weakened.
  
• Less Pain and Suffering Compensation: If failing to mitigate led to prolonged suffering, insurers may argue that part of your pain was avoidable and should not be compensated.

Exceptions and Limitations to the Duty to Mitigate

While injury victims have to mitigate, this duty is not absolute. Here are some key exceptions recognized under New Jersey law:

• Lack of Financial Ability: If a victim cannot afford medical treatment or does not have access to necessary care, they may not be held responsible for failing to seek it.
  
• Reasonable Refusal of Treatment: If a doctor recommends a high-risk surgery or experimental procedure, you are not legally required to undergo it.
  
• Psychological Factors: If an injury leads to PTSD or depression, making it difficult for a victim to follow medical advice, this could be a valid defense against a failure-to-mitigate claim.
  
• Pre-existing Conditions: If a pre-existing condition complicates recovery, the victim cannot be penalized for a longer healing process.

Schedule a Free Consultation – Call Today!

If an insurance company claims you failed to mitigate your damages, don’t let them use this argument to deny you the compensation you deserve. At Rosengard Law Group, our New Jersey personal injury attorneys know the tactics insurers use and how to fight back against them.

You don’t have to handle this alone. We are here to protect your rights and maximize your financial recovery. Schedule a free consultation today—there’s no obligation, and you don’t pay any fees unless we win your case.

Call (856) 284-6446 today or visit our website to get started.