The Supreme Court of Indiana has established that in a negligence action, an injured person has a duty to mitigate their post-injury damages and the amount of damages they are entitled to recover is reduced by those that could have been prevented with reasonable care. This means that the law does not reward a person for exploiting their injury to increase damages, nor impose liability for damages that could have been avoided with reasonable action. Common examples of failing to mitigate damages include skipping medical appointments, not taking prescribed medication, avoiding surgery, and ignoring medical advice. If you have any questions or doubts about your personal injury case, it is best to consult with an attorney.
Click here to read more.