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What is the Plaintiff’s Duty to Mitigate Damages? – Personal Injury Lawyers

What is the Plaintiff’s Duty to Mitigate Damages? – Personal Injury Lawyers

The Injured Party Has a Duty to Mitigate (or Prevent Further Aggravation of) Their Injuries Following an Accident

If you’ve been injured by someone else’s negligent or reckless conduct, it’s important that you take certain actions to preserve your case against the party responsible for your injuries. One of those actions is to “mitigate” your injuries; that is, you need to take action to prevent your injuries from being aggravated. Failure to mitigate your injuries may prevent you from recovering the entire amount of compensation you deserve for your injuries. Thus, to ensure that your injuries are fully compensated, you should retain an experienced personal injury attorney that knows how to assist injury victims with mitigating their injuries. Our attorneys have the skill and experience necessary to advise you on how to mitigate your damages so you aren’t stuck paying for your own injuries.personal injury lawyers - car accident attorneys

Personal Injury Victims Have a Duty to Mitigate Their Damages

Texas law requires personal injury victims to prevent their injuries from becoming aggravated by acting in a manner that should minimize the harm they’ve suffered and sought medical attention when necessary. Usually, this means that a personal injury victim should take care not to engage in activities that will aggravate their injuries, such as participating in contact sports or lifting heavy objects. Moreover, personal injury victims have a duty to ensure that an injury isn’t aggravated by foregoing medical attention, and should contact a doctor or seek emergency healthcare as soon as possible after they are injured.

Potential Consequences for Failing to Mitigate Your Damages

If you fail to mitigate your damages, the judge in your case may decrease the amount of compensation you can recover from the defendant for your injuries. However, it’s important to note that failure to mitigate your damages is not a complete bar to recovery; rather, failure to mitigate your damages will only reduce the compensation you can recover from the defendant, as the court will adjust your award to reflect the portion of your injuries for which the defendant is responsible.

To illustrate the importance of mitigating damages in personal injury cases, consider this example of an injured car accident victim. In this example, a driver was on his way to play a friendly game of football with his friends when he was suddenly hit by a negligent driver and suffered a partially fractured collarbone as a result. Although the driver is in significant pain and has noticed intense swelling around his collarbone, he decides to play football with his friends anyway. More here @
During the football game, the driver is tackled hard which caused his collarbone to completely break and become infected after it protruded through his skin. The injured driver then sued the negligent driver responsible for partially fracturing his collarbone for the full extent of his injuries.

However, the court will reduce the driver’s recovery to reflect the fact that the driver was only responsible for partially fracturing the driver’s collarbone, and the victim was responsible for aggravating his injuries so that he had a completely fractured collarbone that became infected.

Best Practices for Mitigating Your Damages

As you can see, mitigating the injuries you’ve suffered caused by someone else’s negligence or recklessness is extremely important not only to your health but to ensure that you are fully compensated for your injuries. To achieve these goals, you should be sure to do three things: seek medical attention as soon as possible, take care to stabilize and not aggravate your injuries, and contact the experienced personal injury attorneys at our office. Our attorneys have more than two decades of experience representing personal injury victims, and are available any time, day or night, to provide a free consultation regarding your injuries and what you might need to do to mitigate your damages. More here @

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Accident Attorneys – Personal Injury Lawyers

Many of our clients have been seriously or catastrophically injured. Representing such a victim or the family of a victim harmed due to another’s carelessness presents unique challenges. These cases often demand proof from such fields as accident reconstruction, engineering, medicine, vocational rehabilitation, and economics. We have the professional and financial resources necessary to litigate these complex cases. Our Firm has received significant awards and settlements for seriously and catastrophically injured clients, including those who have lost a loved one. Many of the injuries we have handled include paraplegia, amputation, disfigurement, emotional injury, and other significant disabilities.personal injury law - auto accidents More information on this site @
Auto Collisions
Premises Liability
Construction Accidents
Railroad Accidents

We have significant experience representing clients in all types of general negligence cases. Our clients include the victims of motor vehicle accidents, railroad accidents, fall downs, failure to provide proper and adequate security, construction accidents, and virtually all other types of situations in which a person is seriously injured through the carelessness of another person or company. In pursuing these claims, we will assist our clients in preparing and filing necessary forms and in applying for no-fault, disability, medical insurance, or other important benefits.  Please remember, there is a time limit for bringing any case, and significant work and investigation needs to be undertaken prior to commencing an action with the Court.

Professional Malpractice

We regularly represent victims of medical negligence, legal negligence, stockbroker negligence, and other forms of professional negligence. In choosing a law firm to represent you in a professional negligence case, you must know that your lawyer has the knowledge, energy, ambition, and the resources to see your case through to a proper conclusion. We thoroughly investigate each prospective malpractice case and very often obtain an expert’s opinion that the claim is meritorious before committing to represent a client. Often, we call upon nationally known experts to give testimony in support of our clients’ cases. 

It is no secret today that medical negligence occurs with heartbreaking frequency. Medical negligence occurs when a healthcare provider either failed to do something that a reasonably prudent provider would have done, or that the provider did something that a reasonably prudent healthcare provider would not have done. The law of medical malpractice provides the only means to compensate those wrongfully harmed by medical negligence. If you or a loved one has suffered from medical negligence or nursing home carelessness, we may be able to help you. 

Insurance Disputes 

Our Firm has handled many insurance bad faith cases in response to an increase in the denial of claims by insurance carriers. In Texas, insurance carriers breach the duty of good faith and fair dealing, commonly referred to as acting in “bad faith,” when they unreasonably or willfully deny benefits to an insured without a reasonable basis for doing so. Under Texas  law, insurance carriers generally must attempt to provide coverage rather than dispute or avoid coverage. Also, insurance companies may not put their interests above the policyholder’s interests. If your insurance carrier handles your insurance claim in bad faith, you may be entitled to damages caused by their conduct. 

Nursing Home Neglect


Our Firm also handles cases involving neglect and abuse of the elderly in long-term care facilities such as nursing homes and assisted-living facilities.  Sadly, neglect and abuse of the elderly happens frequently.  Abuse and neglect of the elderly may exist in the form of bedsores, open wounds, cuts, bruises, dehydration, malnutrition, weight loss, burns, falls, bowel impactions, medication errors, and verbal/physical abuse, over sedation, and many other forms.  
Our Firm has handled many cases involving nursing home abuse, neglect, and negligence and have the knowledge, experience, and passion to hold nursing homes accountable for the harm they cause to the elderly and their families.  

Pharmaceutical Injuries


Pharmaceutical companies owe their users a responsibility to see that drugs and medications manufactured and sold are reasonably safe when used as intended. Likewise, pharmacists and doctors have a duty based upon the patient-doctor relationship to ascertain that a medication is safe for that patient. Click on this link @

The FDA has recalled a number of drugs recently that have caused death or serious injury to innocent users. Many of these drugs have no data regarding their safe long-term effects and many people have been given these medications blindly without being adequately informed. If you or a loved one has been injured from medication, please call our office to see if we can assist you. 

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Auto Insurance Is An Absolute Necessity When You Drive A Vehicle

Auto insurance is an absolute necessity when you drive a vehicle. However, there are many types of insurance and deciphering exactly what type and how much insurance coverage you need can be confusing. It is easy to get frustrated as you try to consider all of your options for auto insurance. Fortunately, with the right knowledge, the process doesn’t have to be nearly so complicated. You can start learning about auto insurance by reading the tips here.

car insurance
car Insurance

When you are looking into getting car insurance, you need to know and understand the coverage types. There are many things that go into your final cost of insurance. One kind of coverage that is almost universally required is bodily injury liability. This coverage pays for legal fees, injuries, or deaths resulting from accidents that you cause.

When purchasing car insurance for a teenager, compare the difference between adding them to your insurance or buying them their own policy. The type of vehicles that are being insured will factor into the costs, but purchasing a separate policy for a teenager may be less expensive.

If you are driving, most states require liability insurance. You have the responsibility to be aware of coverage levels for your state, and to acquire insurance appropriate to those requirements. If you get into an accident without the insurance your state requires, there will be some steep financial consequences. Even worse, you will be a lawbreaker.

A common belief that the rates a young driver pays for auto insurance decrease as soon as that driver turns 25 years of age. Actually, a drivers insurance rates gradually start to go down when they reach the age of 18 provided that the driver has a clean driving record. More information on this site @

Insurance is based off the type of vehicle you have purchased, whether it is a car or truck. If your tastes lead you towards a luxurious car, the numbers on your insurance bill will rise accordingly. To save money on insurance, purchase a vehicle that is safe and modest.

You must have the state legal minimums; however, there are many optional protections that are available. Procuring additional coverage will be more expensive, though doing this may be worthwhile. Uninsured motorist coverage protects you when you suffer damages to your vehicle or yourself that are caused by an uninsured driver.

Sports Cars

Sports cars will require you to pay more to insure your vehicle. People who purchase sports cars end up paying higher premiums. Instead, choose a car that gets the job done without flashy extra features. The larger the motor is in the vehicle, the more that it is going to cost you to insure it. Sports cars also cost more for the insurance, because they are stolen more often than other cars.

Don’t cancel your original auto insurance policy unless you are absolutely positive that you have a different company lined up. Accidents happen all the time, and being without auto insurance even for short time is a gamble.

Insurance companies differ and offer a wide variety of services and rate differentials. Because insurance companies offer a broad array of policy prices, always solicit additional quotes if you do not like the first few you receive.

If you need additional coverage, look into optional insurance packages. Your premium might be more expensive, but the extra options are often worth it. Obtaining uninsured motorist coverage makes certain you will be compensated if you are involved in an accident with a driver who has not purchased insurance or if you are hit by someone who hits your car and flees the scene.

Keep the drivers covered on your policy current. Adding other drivers to your insurance can increase your payments, however if you take them out you will save cash on your premium since that’s one less person you have to cover.

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car Insurance

Liability Coverage

It can be difficult to pinpoint the correct amount of auto insurance coverage for a specific situation. As a rule of thumb, the more assets that you own, the more liability coverage you should have. To clarify, say you own $100,000 in belongings. If a mishap is your fault, the injured party can bring charges against your personal belongings. Insurance only covers the amount stated in bodily injury liability. If you have $10,000 bodily liability coverage, a $50,000 medical bill from the injured party would mean $40,000 paid from your assets. These costs can be avoided by making sure that you have enough coverage.

Utilize public transportation or ride to the office with co-workers. Insurance companies like when their policy holders show responsibility, keeping your mileage low is something they really appreciate. If you tell your agent that you have been riding the bus or carpooling, chances are they can find a discount to reduce your premium.

This article contains just a few of the methods you can use to save money on auto insurance. When you understand the different options and how they protect you, you will make a better choice. Having a concrete understanding will help you chose insurance policies that are sufficient for your needs. Click here @

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