What Does It Mean to Mitigate Damages?
To mitigate damages means to take reasonable steps to reduce the harm after an injury. The law will not make a defendant pay for losses you could easily have avoided.
It does not mean you caused the accident. Fault for the accident is a separate question, handled under Texas comparative fault rules.
How the Failure-to-Mitigate Defense Works
The defendant raises the defense and must prove it. It generally has to show:
- You did not act reasonably after the injury, and
- The amount of harm that reasonable steps would have avoided.
If it succeeds, only that avoidable portion is subtracted. Your recovery for the rest of your economic and non-economic damages stays intact.
Examples of Failing to Mitigate
- Waiting weeks to see a doctor after a crash, letting an infection or injury worsen
- Skipping physical therapy and then claiming long-term stiffness
- Ignoring a doctor’s activity restrictions and reinjuring yourself
- Refusing light-duty work your doctor cleared, then claiming full lost wages
- Leaving a damaged car out in the weather so the damage grows
How to Protect Your Claim
- Get medical care promptly and keep every appointment.
- Follow your treatment plan and your doctor’s restrictions.
- Keep records of bills, mileage, and out-of-pocket expenses.
- Write down why you declined any treatment or job offer.
- Be careful posting on social media about physical activity.
Most Texas injury lawsuits must be filed within two years. If an adjuster says you did not do enough to limit your losses, a free case review can help.
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Frequently Asked Questions
What happens if I miss doctor's appointments after an accident?
Insurers often treat missed appointments or long gaps in care as signs that you were not badly hurt or that you made your injuries worse. That can lower an offer or support a failure-to-mitigate defense. If you must miss care for cost, transportation, or work reasons, write down why.
Do I have to accept any job while I recover?
No. The duty to mitigate is about reasonable steps. You generally are not required to take work your doctor says you cannot do, or work far outside your skills and pay. But refusing suitable light-duty work your doctor approves could reduce a lost-wage claim.
Do I have to have surgery to mitigate my damages?
Not automatically. Whether refusing a treatment is unreasonable depends on its risks, its chances of success, cost, and your doctor's advice. A risky or uncertain surgery may be reasonable to decline. Talk with your doctor and document the reasons for your decision.
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