Mitigation in Personal Injury Claims

If you have been involved in a motor vehicle accident which was not your fault, and you suffered a personal injury in the accident, it may seem strange that you would owe any sort of “duty” that would benefit the person who was responsible for the accident.  But you do indeed owe such a duty, and that duty is to “mitigate” your damages.  What this means in simple terms is that you have a legal obligation to minimize the losses flowing from your injuries.  If you do not do so, the amount of your damages may be reduced, and ICBC may have to pay you less money than they otherwise should.   What you should be doing as an injured party to make sure you are mitigating your damages as required by our legal system is different for each individual.   A lawyer will be able to assist you with what your legal obligations are, to ensure your ultimate compensation from ICBC is not reduced by something you should have done, or something you should not have done.

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