Accidents resulting in catastrophic injuries can be life-changing for the victims. Suffering such injuries due to the negligence of others gives you the legal right to get compensation for your losses in a personal injury case.
However, it is crucial to prove the negligent party caused the catastrophic injuries in order to recover damages. For this, you must prove that you took reasonable actions to mitigate damages. Failure to mitigate damages could negatively impact the case.
Catastrophic injuries can have long-lasting effects, which is why it is important to consult a skilled and experienced personal injury lawyer in Nevada who specializes in catastrophic injury cases.
Understanding the Duty to Mitigate Damages
This legal concept indicates that all victims must take necessary actions to prevent their losses from worsening. This means taking proactive steps to lessen the number of injuries and damages the victim suffered due to the accident that caused the catastrophic injuries.
For instance, getting immediate medical treatment right after the accident, following the doctor’s orders, and going to all the appointments. Failing to do so could have a major impact on the case and could reduce the overall compensation received.
Failing to Mitigate Damages Consequences
If you have suffered catastrophic injuries in an accident caused by someone else’s negligence, proving that you took reasonable measures to mitigate damages is essential. The negligent party can only be held liable for the injuries they cause but not the worsening of the injuries if you neglect to get the treatment.
For instance, sustaining catastrophic injuries in a car accident means the negligent party can be liable for the head injury and other damages caused due to that accident. However, if your head injury worsens and requires surgery because you didn’t get immediate medical attention and followed the doctor’s orders, whatever damages you have to suffer would not be on the defendant.
Your failure to take the necessary steps to get the medical attention you need, as well as increased missed days at work, is the reason for your more significant losses. If the defendant proves you failed to mitigate damages, you will receive a smaller financial compensation.
Therefore, it is crucial to instantly get medical attention and follow the instructions of the health care provider to prevent your health from worsening. Moreover, this would also help you receive higher compensation in a personal injury case.
Consult an Experienced Nevada Personal Injury Lawyer
Proving liability and negligence in a catastrophic injury case in Nevada can be complex. You need to provide evidence, along with proof you took reasonable steps to mitigate damages to win the case. Having a skilled personal injury lawyer by your side can make a significant difference.
The personal injury lawyers at Bourassa Law Group have extensive experience in catastrophic injury cases and can guide you every step of the way. Our team can gather evidence against the negligent party and help you prove your duty to mitigate damages and ensure you get the maximum compensation,
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