Do You Have to Take Reasonable Steps to Reduce Injury and/or Loss Stemming from a Personal Injury?
You’ve been hurt in a motor vehicle accident or a slip and fall. You’ve sought medical treatment and your doctor recommends a surgical procedure, but you don’t want to submit to an operation. Will your refusal to have surgery have an impact on your potential financial recovery for your injuries? Do you have any type of duty to undergo certain types of medical care?
The Duty of an Injured Person to “Mitigate” Damages after an Accident
The accident wasn’t your fault. You don’t like having anyone operate on any part of your body. Does that mean you can refuse to follow medical advice. Well…you can, but it may cost you.
It’s long been the rule of law that personal injury victims in New Jersey must take reasonable steps to minimize the losses caused by or associated with an accident. The law does not require that you submit to a specific medical procedure. Instead, the jury will consider whether a reasonable person, in the same circumstances and with the same information, would have chosen to have the medical care. If the jury makes that conclusion Popper and further rules that having the procedure would likely have reduced your losses, the jury may reduce or even reject your claim for damages. The fact that a medical procedure may involve a risk of complications or even death will not alleviate an injured person’s duty to mitigate damages, but will be taken into consideration.
Contact Howard D. Popper, P.C.
At Howard D. Popper, P.C., we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.