Failing to Mitigate Damages in a Personal Injury Case: Listen to Your Doctor

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Category Archives: Personal Injury

Failing to Mitigate Damages in a Personal Injury Case: Listen to Your Doctor

Failing to Mitigate Damages in a Personal Injury Case
Failing to Mitigate Damages in a Personal Injury Case

If you have been injured by the negligent or reckless actions of another party, and are pursuing a personal injury claim,  one of the most important things you need to do is follow your doctor’s prescribed plan of treatment as closely as possible. Complying with things such as how much medicine to take and when, any exercises you are expected to do, and appointments with the doctor’s office are all critical to the success of your personal injury case.

When you file a personal injury claim, be it for a car, truck, or motorcycle accident, a construction accident, a dangerous or ill-maintained premises, or a slip-and-fall, the opposing insurance company will hire an insurance adjuster to investigate your case. One of the things this adjuster will check on is what treatments your doctor has prescribed, and how closely you are following them. Even if your personal injury case seems like a slam-dunk, if you fail to follow your doctor’s orders, the insurance company will say that your injuries are not severe has you claim them to be, or that you are purposely delaying your recovery in order to win more damages. In legal terms, this is what is known as “failure to mitigate damages”, and if the insurance company can show that you are failing to mitigate damages, it will seriously hurt your Monmouth County personal injury recovery.

Choosing the Right Treatment for your Monmouth County Personal Injury Case

As you can see, following your doctor’s prescribed plan of treatment when pursuing a personal injury claim is extremely important to recovering the compensation you need and deserve for your injuries. That is not to say, however, that you have no choice in what that plan of treatment actually is. You of course, have the right to speak with different doctors, and decide on a doctor whose course of treatment you are comfortable with. Some people prefer to avoid doctors who prescribe heavy doses of powerful medications, while others prefer to avoid invasive and risky surgeries. Some may even prefer a more holistic or alternative course of treatment.

Once you have finally settled on a doctor and a course of treatment you are comfortable with however, it is then critical that you follow said treatment as closely as possible. If you focus on doing your best to recover, your West Long Branch personal injury attorney can focus on winning your case, without having to worry about whether or not you will compromise the case by not following your doctor’s orders.

Contact a Monmouth County Personal Injury Lawyer Today

Any time you are considering or actively pursuing a personal injury claim, it is extremely important to speak with experienced and knowledgeable personal injury counsel. The opposing insurance company will do everything they can to lower the compensation you deserve, possibly even denying you compensation altogether. By having an attorney who understands the strategies used by insurance companies to cast blame on you the victim, or defer responsibility to other parties, you can help ensure that in the end, you will receive the compensation you need and deserve for your injuries, and use it to start rebuilding your life.

At The Law Office of Chamlin, Rosen, Uliano & Witherington, our personal injury attorneys have been confronting powerful and heavily-resourced insurance companies to protect the rights of injured parties for over 50 years. With lawyers and paralegals on our staff who have previously worked for insurance companies, we leverage our past experience behind the scenes of these organizations to serve the best interests of our clients.

We take all personal injury cases on contingency, and our personal injury team is available 24/7. To schedule a free and confidential consultation regarding your case today, contact us online or through our West Long Branch office at 732-440-3950.





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Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

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