What Is the Duty to Mitigate in a Personal Injury Case and Why Does It Matter?

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• May 29, 2025

What Does “Duty to Mitigate” Mean in a NYC Personal Injury Case?

Quick Answer: The duty to mitigate means an injured person must take reasonable steps to reduce their damages, like getting medical care or returning to work if possible. In a New York personal injury case, failing to do so can lower the amount of compensation you receive.

Duty to Mitigate: An Overview

The “duty to mitigate” means that if you’re injured in an accident in New York City, you must take reasonable steps to reduce the harm caused by that injury. In simpler terms, you can’t ignore medical care or delay recovery and then expect to recover full payment for avoidable damage. This duty applies to personal injury cases, including those involving car accidents, slip and falls, workplace injuries, or even construction accidents.

Under New York law, when you file a personal injury claim, you’re asking to be compensated for your losses. These losses can include your medical expenses, lost wages, and pain and suffering. But the law also expects you to help yourself by limiting those losses when possible. This is what’s called “mitigating damages.”

Here are a few examples of what this duty means in real life:

• Seeking medical attention promptly: If you wait too long to see a doctor, your injuries could get worse. That delay may be seen as failure to mitigate.
• Following medical advice: If your doctor recommends physical therapy or rest, and you ignore it, you could hurt your claim.
• Returning to work when able: If you’re cleared to return to work on light duty, but choose not to, this could be used against you.

The key idea is simple: you should not make your injuries worse by not doing what a reasonable person would do in your situation. The law won’t require you to go to extreme lengths. But it does expect basic steps like seeing a doctor, taking your medication, and avoiding activities that could delay healing.

The goal of the duty to mitigate is fairness. The person or company responsible for your injury shouldn’t have to pay for problems you could have reasonably avoided. At the same time, it helps courts and insurance companies decide what part of your losses were truly caused by the accident, and what may have been worsened by inaction.

If you’re unsure about what steps you should be taking after an accident, speaking with a personal injury attorney in NYC can make a big difference. They can help you understand your rights and what your role is in protecting your claim.

Why Is the Duty to Mitigate Important After an Accident in New York?

The duty to mitigate is important because it can directly affect how much compensation you may receive after an accident in New York. In simple terms, it means you must take reasonable steps to keep your injuries and losses from getting worse. This is true even if someone else was at fault for the accident.

New York law expects injury victims to act in a responsible way. If you don’t, the other side—often an insurance company—may claim you made your injuries or losses worse than they had to be. That could lower your settlement or court award.

Here’s why the duty to mitigate matters:

• It’s the law: Courts in New York expect injury victims to take care of themselves after an accident. Failing to do so can hurt your case.
• It protects your health: Seeing a doctor, following treatment plans, and avoiding activities that could make your injury worse all help you heal faster.
• It protects your claim: If you ignore medical advice or delay treatment, it may look like your injuries aren’t that serious. The insurance company may refuse to pay for all your losses.

Example: Let’s say you hurt your back in a slip and fall accident in a Bronx grocery store. A doctor tells you not to lift heavy objects, but you go back to work doing heavy lifting anyway. If your injury gets worse, the store’s insurance company might argue you didn’t try to get better. They could offer you less money as a result, saying you made the injury worse on your own.

In a busy city like New York, where medical care is available and information is easy to access, courts and insurance companies expect you to take action quickly. Taking care of your injury not only helps your recovery—it also shows you are doing your part, which helps support your personal injury case.

If you’re unsure what steps you should take to protect your health and your legal rights, speaking with a personal injury lawyer early on can help guide your decisions. For questions or support, contact The Orlow Firm at (646) 647-3398 for a free consultation.

What Actions Are You Expected to Take to Mitigate Damages in NYC?

In a New York City personal injury case, you are expected to take reasonable steps to reduce the harm caused by the accident. This is called your “duty to mitigate damages.” It means you must act in a way that avoids making your injuries or losses worse. If you don’t, it could affect how much money you receive for your claim.

Here are some common actions you may need to take to meet your duty to mitigate:

• Seek medical treatment right away: Don’t wait to see a doctor. Getting prompt medical care helps you heal faster and shows you took your injuries seriously.
• Follow your doctor’s advice: If your doctor tells you to take certain medications, attend physical therapy, or avoid certain activities, it’s important to listen.
• Attend follow-up appointments: Missing checkups can hurt your health and your claim. Insurance companies may argue that you let your injuries get worse.
• Try to return to work if you’re able: If your doctor clears you for light or part-time work, try to go back. If you do nothing, the insurance company might say you’re not doing your part to recover.
• Limit activities that could make your condition worse: Avoid things like heavy lifting, sports, or other risky movements unless your doctor says otherwise.
• Communicate changes in your condition: Let your healthcare provider know if your symptoms get worse or change. Staying in touch helps with proper treatment and documentation.

For example, if you’re hurt in a slip and fall in a Bronx grocery store, and decide not to go to the doctor for weeks, the insurance company might claim your injuries weren’t that serious—or that you made them worse by not seeking care.

Taking these steps not only helps your body heal—it also protects your legal case. Courts in New York may lower the money you receive if they believe you failed to take proper actions to recover. While this can feel overwhelming, know that help is available. If you have concerns about your responsibilities after an accident, contact The Orlow Firm at (646) 647-3398 for guidance personalized to your situation.

How Can Failing to Mitigate Affect Your Personal Injury Claim?

Failing to follow your duty to mitigate can have a major impact on your personal injury claim. In New York City, you’re expected to take reasonable steps to prevent your injuries from getting worse and to limit your financial losses. If you don’t, the court or insurance company may reduce the amount of money you can recover.

This could happen even if the other party was clearly at fault for your injury.

Here are some ways failing to mitigate can affect your claim:

• Reduced compensation: If you ignore medical advice or delay treatment, the insurance company may argue that your injuries got worse because of your actions. This could lead to smaller payouts or denied claims.
• Lost credibility: Not following through on treatment or missing doctor’s appointments may make you appear unreliable. This can make it harder for your lawyer to prove your case in court or during negotiations.
• Blame shifted onto you: Even when someone else caused your injury, they may only owe for the damage they actually caused. If your behavior made the situation worse, the other party might not be responsible for all of your losses.

For example, in a NYC slip and fall case, if your doctor tells you to avoid putting weight on your injured ankle but you choose to walk without support, your injury may worsen. If you later try to recover money for increased medical bills or extra time off work, the court might say your choices caused those added problems—not the accident.

To protect your personal injury claim, you should:

1. Seek medical care quickly after the accident.
2. Follow all treatment advice given by your doctors.
3. Attend follow-up visits and physical therapy, if recommended.
4. Look for other ways to reduce losses, like using sick time or temporary work options if physically able.

Courts in New York expect injured people to act in good faith. This means trying to get better and not making the harm worse than it already is. If you aren’t sure what’s expected of you, speak with a qualified New York City personal injury attorney to discuss your case.

If you have questions about the duty to mitigate or are worried your actions may affect your claim, call The Orlow Firm at (646) 647-3398 for a free, compassionate consultation.

Does the Duty to Mitigate Apply to All Types of Personal Injury Cases in NYC?

Yes, the duty to mitigate applies to nearly all types of personal injury cases in New York City. No matter how you were hurt—whether in a car accident, a slip and fall, or another type of incident—you are expected to take reasonable steps to keep your losses from getting worse.

This duty applies once you’ve been injured and know (or should know) that your injury could lead to a legal claim. It means you’re responsible for doing what a reasonable person would do to avoid extra costs after the injury.

Here are common types of personal injury cases in NYC where the duty to mitigate usually applies:

• Car accidents: Even though New York is a no-fault state, if you pursue a lawsuit outside the no-fault system for a serious injury, you must still show that you didn’t make your injuries worse by avoiding treatment or ignoring doctor’s advice.
• Slip and fall accidents: If you’re injured in a store, on a sidewalk, or in someone else’s building, you’re expected to follow medical advice and attend all necessary follow-up appointments.
• Workplace accidents: If you’re hurt on the job, you must still take steps to recover promptly and follow through with physical therapy or necessary rest.
• Construction accidents: These often lead to serious injuries. You still have to follow medical treatment plans to avoid permanent or worsened conditions that could have been prevented.
• Medical malpractice: If a doctor makes a mistake, you’re expected to seek correction or follow-up care once the issue is known.
• Assaults or injuries due to negligent security: In civil cases like these, failure to seek proper care could reduce the amount of compensation awarded.

While the rule applies broadly, what counts as “reasonable” can be different in each situation. For example, someone with limited access to healthcare might not be held to the same standard as someone with full access. New York courts often consider each person’s unique circumstances.

It’s also important to note: You don’t have to pay for top-of-the-line care or take extreme steps. You only need to act in a way most people would if they were hurt—that includes getting treatment, taking time off work if needed, and following your doctor’s advice.

If you’re unsure whether the duty to mitigate applies to your case, or if the insurance company is claiming you didn’t do enough, speaking with a personal injury lawyer can help. Contact The Orlow Firm at (646) 647-3398 to discuss your situation.

What Are Some Common Mistakes That Can Hurt Your Duty to Mitigate?

After an accident, you have a legal responsibility called the “duty to mitigate.” This means you must take reasonable steps to limit the harm or expenses caused by your injury. If you make certain mistakes, it can hurt your case and reduce the amount of compensation you may receive. Here are some common mistakes that can damage your ability to show that you properly mitigated your damages in a New York City personal injury case:

• Delaying Medical Treatment: Waiting too long to see a doctor after an accident can make your injury seem less serious. Insurance companies and defense attorneys may argue that your condition worsened because you didn’t get help in time.
• Ignoring Medical Advice: If your doctor recommends rest, physical therapy, or medication, you need to follow that advice. Failing to do so may suggest that you are not trying to recover.
• Returning to Work Too Soon or Too Late: If your doctor clears you to return to work and you stay out longer without a valid reason, it may be seen as avoiding mitigation. On the other hand, going back too early could worsen your condition and raise questions about your judgment.
• Skipping Follow-Up Appointments: Missing medical appointments without a good reason can suggest that your injuries are not affecting you as much as you claim.
• Using the Wrong Healthcare Providers: In New York, especially in no-fault car accident cases, you may be required to see approved or in-network providers. Using unapproved doctors could lead to unpaid bills and raise questions about your choices.
• Posting on Social Media: If you share photos or updates that suggest you’re not as injured as claimed, it may be used against you. Even if your posts seem harmless, others could interpret them differently.
• Failing to Communicate With Your Lawyer: If your injury worsens or if you’re unsure what steps to take, keeping your lawyer informed is key. Poor communication can lead to mistakes that affect your case.

Many of these errors are made by accident or from not understanding the legal process. That’s why getting legal guidance early on can help you avoid these problems. If you’ve been hurt in NYC and have questions about what steps to take, call The Orlow Firm at (646) 647-3398 for a free consultation.

How Do New York Courts Evaluate Whether You Mitigated Your Damages?

When deciding if you met your duty to mitigate, New York courts look at whether your actions after the injury were reasonable. This means they examine if you took steps to get better and to prevent your losses from getting worse. In personal injury cases, “mitigating damages” usually involves seeking timely medical treatment and following your doctor’s advice.

Court decisions are based on facts, which can vary from case to case. However, judges and juries will generally look at several key factors:

• Did you seek medical care promptly? Waiting too long to see a doctor after an accident may suggest that you did not try to reduce your pain or prevent your condition from worsening.
• Did you follow medical advice? Courts expect injured people to follow treatment plans, such as taking prescribed medication, attending physical therapy, or using medical devices.
• Did you avoid activities that could make the injury worse? For example, if your doctor advised you not to lift heavy objects and you ignored that advice, the court might find that you failed to mitigate damages.
• Did you return to work when medically able? If you could have safely returned to work—either full-time or in a limited role—but chose not to, this may affect how much lost income you’re allowed to claim.

In New York City, the court may also consider things like access to quality healthcare and other support available. For instance, if someone in the Bronx didn’t follow up with therapy but lacked transportation or insurance coverage, that could impact the court’s view.

New York law does not expect perfection. What matters is whether your behavior was reasonable given your situation. If the court believes you could have reduced your injuries or financial losses but chose not to, it may lower the amount you can recover.

Because these cases often involve medical records, witness statements, and expert opinions, it’s important to document everything clearly. Keeping receipts, appointment logs, and medical reports can help show the court you did your part to heal and move forward.

Can the Insurance Company Use Failure to Mitigate Against You?

Yes, the insurance company can absolutely use failure to mitigate against you in a personal injury case. In New York City, if you are injured due to someone else’s negligence, you still have a legal duty to take reasonable steps to reduce or “mitigate” your damages. This means doing what you can to avoid making your injury or financial losses worse.

If you ignore this duty, the insurance company may argue that you are partly responsible for how much harm you suffered. They can try to reduce the amount they pay you by claiming that your choices caused more damage than necessary.

Here are some ways an insurance company might use failure to mitigate against you:

• Delaying Medical Treatment: If you wait too long to get medical help, the insurance company may say your injuries got worse because of the delay, not the accident itself.
• Ignoring Medical Advice: If you don’t follow your doctor’s instructions—like skipping physical therapy—they may argue you didn’t do enough to heal.
• Refusing Suitable Work: If your doctor clears you for light duty but you refuse to return to work, the insurer could say you lost more wages than necessary.
• Skipping Follow-Up Appointments: Missing check-ups can weaken the link between the accident and your injuries or show lack of effort in recovery.

In these cases, the insurer might lower your compensation. For example, if they believe your medical bills are higher because you delayed treatment, they can offer less money than you expect. If they think you didn’t try hard enough to recover or return to work, they can dispute your lost wage claim.

Important note: The duty to mitigate does not mean you must take every possible step, no matter how extreme. You only have to act reasonably, based on your situation and what your doctors advise.

If you’re unsure what actions may affect your claim, it’s important to get legal advice early. Insurance companies may look for any reason to reduce or deny your claim. A personal injury lawyer can help show that you took reasonable steps to recover and protect your case.

If you have questions about whether you’ve done enough to protect your claim, or if the insurance company is challenging your actions, call The Orlow Firm at (646) 647-3398 for a free consultation. We’re here to help you understand your rights and your responsibilities under New York law.

When Should You Speak to a NYC Personal Injury Lawyer About Your Duty to Mitigate?

If you’ve been injured in New York City, it’s important to speak with a personal injury lawyer as soon as possible—especially when it comes to your duty to mitigate damages. The duty to mitigate means you must take reasonable steps to reduce the impact of your injuries and financial losses after an accident. Knowing when to get legal help can make a big difference in protecting your rights and your claim.

Here are key times when you should talk to a NYC personal injury lawyer about your duty to mitigate:

• Right After the Accident: A lawyer can help you understand what steps you need to take to protect both your health and your legal case. They can explain how your decisions—like refusing medical treatment—may affect your ability to get compensation later.
• If You’re Unsure About Medical Treatment: If you’re offered treatment but are not sure if you should accept it, a lawyer can guide you. Delaying or refusing needed care might be seen as failing to mitigate your damages.
• Before Returning to Work: If your doctor says you can go back to work but you feel unsure, a personal injury lawyer can help you balance medical advice with your legal rights. Not returning to work when medically able could be used against your claim.
• If the Insurance Company Questions Your Efforts: Sometimes, insurance companies claim that you didn’t do enough to lower your damages. If this happens, a lawyer can help you gather proof that you acted reasonably.
• When You’re Filing a Lawsuit: If your case is heading to court, your duty to mitigate will likely be reviewed. A lawyer can make sure your actions are clearly documented and presented properly.

A lawyer can also help with tracking your treatments, collecting records, and showing that you followed doctors’ advice. They can work with medical professionals and even call expert witnesses if needed to support your case.

In a busy place like NYC, where injuries from traffic accidents, slips and falls, or workplace incidents are common, knowing your responsibilities is key. The sooner you speak to a lawyer, the better they can help you avoid mistakes and build a strong claim.

If you have questions about your duty to mitigate in a NYC personal injury case, call The Orlow Firm today at (646) 647-3398 for a free and confidential consultation. We’re here to help you move forward the right way.

Frequently Asked Questions About Duty to Mitigate in NYC Personal Injury Cases

• What is the duty to mitigate in a personal injury case? The duty to mitigate means you must do what you reasonably can to prevent your injuries from getting worse after an accident. This includes getting medical treatment and following your doctor’s advice.
• Does the duty to mitigate apply if the accident wasn’t my fault? Yes, it does. Even if someone else caused your injury, you still have a legal duty to avoid making your damages worse. The law expects you to act the way a reasonable person would in the same situation.
• What are examples of not meeting the duty to mitigate? Common examples include refusing medical care, skipping follow-up appointments, or not taking medication as prescribed. If you don’t try to get better, the court may reduce what you can recover.
• Can I still get compensation if I didn’t mitigate my damages? Possibly, but your compensation may be reduced. For example, if your injury got worse because you didn’t seek treatment, a court or insurance company may say part of that is your responsibility.
• How do I show that I met my duty to mitigate? Keep records of your medical visits, follow all medical advice, and keep receipts and documents related to your treatment. This helps prove that you took your recovery seriously.
• What if I can’t afford medical treatment after my injury? You should speak to both your doctor and a personal injury lawyer right away. In some cases, your treatment costs may be covered up-front or through your no-fault insurance for auto accidents in New York. An attorney can help you find options.
• Does the duty to mitigate apply to all types of injury cases in NYC? Yes. Whether your case involves a car accident, a slip-and-fall, or a workplace injury, you still have this duty. It applies in most personal injury cases across New York City and the rest of the state.
• Can the insurance company say I didn’t mitigate my damages? Yes, insurance companies often check to see if you followed your doctor’s orders and sought proper care. If they believe you didn’t, they may try to lower your payout. That’s why following treatment plans is so important.
• Why does the duty to mitigate matter in my NYC case? It can directly impact how much compensation you receive. If you take proper steps to recover, you protect your health and your legal rights. If you don’t, you may be held partly responsible for your own losses.
• Who can help me understand if I’ve met the duty to mitigate? A NYC personal injury lawyer can help you review your actions and medical treatment to make sure you’ve done what’s expected. They can also help you respond if an insurance company argues that you failed to mitigate.

If you’re unsure whether you’ve done enough to protect your claim, speaking with a lawyer can help. For guidance about the duty to mitigate and your specific personal injury case, contact The Orlow Firm at (646) 647-3398 to schedule a free consultation.

Contact The Orlow Firm for a Free Consultation About Your NYC Injury Case

After an accident in New York City, understanding your rights and responsibilities can feel overwhelming—especially when it comes to the duty to mitigate your damages. If you’ve been injured, it’s important to take the right steps to protect both your health and your legal claim. At The Orlow Firm, we’re here to help you better understand what that means and how it affects your case.

Mitigating your damages means doing what a reasonable person would do to reduce the harm caused by an accident. This can include getting timely medical care, following your doctor’s advice, and avoiding actions that could make your injuries worse. If you don’t take these steps, the other side—usually the insurance company—could argue that you’re partly to blame for how serious your injuries became. That can reduce the amount of money they may have to pay you.

We know that dealing with an injury is already hard. The idea that you have to “prove” you tried to heal properly might seem unfair. That’s where The Orlow Firm can help. Our team can:

• Explain your rights under New York personal injury law
• Help you understand what steps count as “mitigating your damages” in your specific case
• Collect and organize evidence to show that you took proper actions after the accident
• Communicate with insurance companies so they don’t wrongly blame you for issues outside your control

Whether your injury happened in a car crash, slip and fall, worksite incident, or other accident in NYC, understanding your duty to mitigate is key to pursuing fair compensation. But you don’t have to face these challenges alone.

If you have questions about your duty to mitigate or anything else related to your injury claim, contact The Orlow Firm today. We offer a free consultation so you can get honest, helpful legal advice without cost or obligation. Call us at (646) 647-3398 to speak directly with a member of our team.

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