Texas law places certain responsibilities on personal injury victims. If you have been hurt and are pursuing a personal injury claim, the other side may argue that you didn’t do enough to minimize your losses after the accident. This legal concept, known as failure to mitigate damages, can significantly impact the compensation you receive. Knowing how this defense works—and how to protect yourself against it—can make the difference between a full recovery and a reduced settlement. Make sure to speak with an experienced personal injury lawyer in McAllen.
Does an Injury Victim Have a Duty to Mitigate Damages?
In Texas, personal injury victims are required to take reasonable steps to limit their damages after an accident. The idea behind this duty is that an injured party shouldn’t be able to incur unnecessary costs and then expect the at-fault party to cover them all. For example, if you delay seeking medical attention after an accident, the defense may argue you failed to mitigate your damages.
That being said, you are not expected to go to extreme lengths. The law only asks you to do what is reasonable under the circumstances, not what’s inconvenient, overly expensive, or impractical. Ultimately, a judge or jury will decide whether your actions were reasonable.
Examples of Failure to Mitigate Damages
Many scenarios can constitute a failure to mitigate damages. Here are some common examples defendants point to:
- Waiting weeks or months to see a doctor after an accident
- Skipping follow-up appointments or physical therapy sessions
- Refusing a recommended surgery or treatment that could aid recovery
- Not taking prescribed medications
- Returning to strenuous activities against medical advice
- Failing to move a damaged vehicle to safety when it was possible to do so
How Defendants Use This Defense Against Plaintiffs
Failure to mitigate damages is an affirmative defense in Texas personal injury cases. This means the defendant must raise it in their legal response to your complaint. If they do not bring it up, they lose the right to use it later.
Defendants may raise this defense to reduce their financial liability to you. Under Texas’s comparative fault rules, if you are found partially responsible for your own damages, the court will reduce your compensation by your percentage of fault. However, if you are assigned 51 percent or more of the blame, you lose your right to recover anything at all.
If a defendant successfully proves you failed to mitigate your damages, the jury will assign you a share of the fault. That percentage directly reduces your award or eliminates it if the scales tip too far against you.
Protecting Your Claim from Mitigation Defenses
Failing to mitigate can give the defense ammunition to argue that some of your damages are your own fault, potentially reducing your compensation. In these situations, you need an attorney who can advise you on the steps you should take after an accident and defend you against allegations of unreasonable conduct.
De La Garza Law Firm has spent years helping injury victims protect their claims and fight back against unfair defenses, and we will work tirelessly to pursue the full compensation you deserve. If you’ve been injured, contact us at (956) 201-8453 for guidance tailored to your situation.
