Mitigation – A Crucial Element In Relation To A Claimant’s Personal Injury Claim
Why is it crucial to mitigate your losses after an accident?
A Claimant making a personal injury claim is under a duty to mitigate their losses and to limit the financial impact of their injuries and not incur more expense than is necessary.
In this blog, we’ll explore what mitigating your losses really means and how failing to do so can reduce your compensation.
What does “Mitigating Losses” mean?
Mitigating your losses means doing your part to reduce the physical, psychological, and financial impact of your injury. This includes:
- Seeking prompt and appropriate medical treatment
- Returning to work if and when you are able
- Exploring alternative employment or retraining if you are no longer able to return to your pre-accident role of employment
- Accepting reasonable offers of rehabilitation
- Avoiding disproportionate, unreasonable or excessive expenses
If the Defendant or their insurer can show that you failed to take reasonable steps to help yourself, they can make arguments to reduce your compensation accordingly.
- Seeking medical treatment within a reasonable timeframe
If a Claimant delays visiting their GP or hospital after their accident, and their injury worsens as a result or recovery is delayed then the court may reduce compensation for pain and suffering if it believes earlier treatment would have led to a faster recovery. This may also include taking recommended medication properly or carrying out a physiotherapy home exercise plan diligently. It is therefore important to always seek prompt medical attention and follow professional advice. - Searching for alternative work or retraining
Should a Claimant be unable to return to their pre-accident employment due to injury but refuse to explore office-based roles or retraining options then a court may decide the Claimant has failed to mitigate their loss of earnings and reduce their award for loss of earnings.Although an injured Claimant may not be expected to take any job, the Court or the Defendant’s legal representative may ask a Claimant whether they have searched for roles that fit their new capabilities. - Engaging in rehabilitation
The Defendant’s Insurer may offer free treatment such as physiotherapy under the Rehabilitation Code, however if a Claimant choose to ignore or decline it without good reason and their symptoms persist due to a lack of treatment, the Defendant may argue for a reduction in compensation. It is therefore important to consider rehabilitation offers seriously as the Courts favour proactive claimants. - Avoid unreasonable to excessive expenses
A Claimant’s compensation should cover losses and expenses reasonably incurred because of the accident but it’s not a licence to upgrade or overspend.For example, if a Claimant’s prescription glasses are damaged in the accident and a Claimant decides to replace them with a designer brand costing significantly more than the original purchase cost then the court may limit the claim to the reasonable cost of replacement and the excess may not be recoverable.A Claimant may only recover what would reasonably have been spent, not luxury or convenience costs.It is important to keep receipts and only spend what is necessary and proportionate to a Claimant’s needs and injury. If you are unsure, ask your solicitor before making a costly purchase.
Reasonableness is key
Your injury may not be your fault but once it happens, how you deal with it matters. Courts and Defendant Insurers expect you to act reasonably, responsibly, and in a way that supports your recovery and not worsen your losses.
Mitigating your losses can strengthen your claim as it also shows you are taking ownership of your recovery journey.
If you are unsure whether a cost or decision is “reasonable”, your solicitor can guide you. Protecting your claim starts with good advice and practical choices.
We’re committed to securing fair compensation for those injured through no fault of their own. If you’ve suffered an injury and want clear, practical advice on your obligations and rights, our experienced personal injury solicitors are here to help.
Contact us today for a free initial consultation and take the first step in protecting your claim. Call 0330 822 3451 or request a callback.