Truck accidents tend to cause extensive—and oftentimes catastrophic—damage. In fact, it’s not uncommon for victims to incur tens of thousands of dollars in medical bills, lost income, property repairs, and other unexpected costs. In the legal system, these are called special damages, as opposed to damages for pain and suffering, loss of enjoyment of life, ect. Unfortunately, insurers use all kinds of strategies to deny or at least devalue such claims. One of the most common defenses asserted by insurance companies is to argue that the claimant has failed to mitigate their damages. Defendants in these cases are only responsible for covering the losses for which they are liable. If a claimant’s own negligence exacerbates their injuries and increases their damages, the insurance company might refuse to pay for 100 percent of their losses. If you were hurt in a large truck crash, here are a few steps you can take to reduce the likelihood of facing a dispute over the mitigation of damages:
- Following Medical Advice
It’s not uncommon for doctors to advise injured patients to stay home from work and to limit their physical activity. You should be diligent about following all such orders, so the opposing party is less likely to argue that your own negligence has inhibited your medical recovery. I personally think people respect other people who fight against all odds and try to make the best out of life even if they are severely injured. Always follow your doctor’s orders. But if your doctor permits a type of physical activity, then you are free to try and perform the activity.