Posted on 17th August 2016
Mitigation is the act of reducing the severity, seriousness or painfulness of something. In a personal injury claim, mitigation applies to reducing the severity of an injury as well as keeping losses after an accident to a minimum as far as is reasonable.
Compensation is awarded for the nature and severity of an injury. We work to help individuals obtain the compensation that they deserve following an accident. We do this by obtaining medical evidence and by collating payslips, receipts and invoices to support losses and expenses which have been incurred.
However, there is a duty on claimants to mitigate their losses. Following an accident, aside from concentrating on recovering from the injury itself, there are various decisions and issues for a claimant to deal with. These are wide-ranging and may include considering when to return to work and what treatment to obtain. In a road traffic accident there are additional issues such as whether to hire a vehicle or whether a courtesy car is available.
For each decision which has to be made, a claimant must consider how to keep the losses to a minimum. A claimant is not allowed to recover compensation which could have been avoided by acting reasonably. Every case and every claimants’ individual set of circumstances is different, which means that every case turns on its own facts. As such, the guiding principle is reasonableness; has the claimant acted reasonably in making a particular decision?
Anyone considering making a personal injury claim should be careful and ensure that they control their losses wherever possible. Do not expect the defendant’s insurer to reimburse without question. It is not always straight forward in deciding what course of action should be taken as every case is different; what is considered reasonable for one person may not be reasonable for another. Common sense is needed and reasonableness in keeping losses to a minimum following an accident.
Our Personal Injury Solicitors are backed by nearly four decades of experience. Our legal practice and team of London Solicitors have a strong track record of achieving favourable client outcomes. For expert legal advice use our contact form or call us on 0808 250 6017 today.