It Was An Accident, But You Need An Attorney

Can Your Medical Damages Be Mitigated?

If you have been hurt in a car accident, you might not immediately realize the importance of getting medical treatment. Not only does your medical treatment matter to your total compensation, but it can also affect whether you are paid for medical expenses at all. To find out what part your medical expenses play in compensation and how to avoid those damages being subject to mitigation, read on.

The Part Medical Expenses Play With Damages

You are entitled to be paid for your medical expenses when the other driver is at fault for the car accident. However, you must seek medical treatment no matter what if you want to take legal action against the other driver. Unless your accident is extremely minor, you will need to prove that you have physical injuries for a case to exist. The more serious your injuries, the more important those medical expenses are.

For serious accidents with accompanying serious injuries, you might also be entitled to a form of damage known as pain and suffering. This damage is closely associated with your physical injuries and the payment for pain and suffering can be directly connected to the dollar amount of your medical expenses. That is only one reason for seeking medical care and staying under a doctor's treatment after an accident, though.

The Part Medical Expenses Play With Damage Mitigation

When something is mitigated, its import is usually reduced. In the case of medical treatment, you don't want any mitigation to occur because that reduces your damage compensation. For example, if you don't seek medical care after a car accident and then try to claim medical expenses and other forms of damage, the other driver's insurer could insist that you don't merit as much compensation because you failed to mitigate the damages. Your failure to seek treatment could have a considerable negative effect on your medical status and therefore no claim for damages is possible.

Steps to Take

To avoid losing your chances at receiving fair compensation, make the following moves after an accident:

  1. Go to the emergency room, your doctor, or an urgent care facility after a car accident. Even if you feel okay, you should get checked out.
  2. Remain watchful for signs of medical problems after an accident. Some injuries don't show up right away so seek help when you notice anything unusual.
  3. Keep up with your medical treatment by using a pain journal to record everything. This journal can later be used to prove pain and suffering.

The best way to ensure you don't damage your case is to speak to a personal injury lawyer after an accident. Get representation, don't make any mistakes, and be paid what you deserve.