Mitigating and minimising your losses in an injury claim
For people who have sustained an injury as the result of circumstances beyond their control, financial compensation is often a necessary part of the recovery process.
This compensation can cover losses resulting from an accident or injury and fund treatment and living costs.
However, Claimants cannot simply prove that they have suffered any amount of financial loss in order to receive the same amount back in personal injury compensation.
Claimants also have a duty to minimise and mitigate their losses.
What does it mean to minimise and mitigate losses?
In basic terms, this means that you should not spend any more than you have to on facilitating your recovery. If you are having to arrange transport to and from hospital appointments, and it is possible to get a bus rather than a taxi, you should choose the least expensive option.
If you are replacing damaged clothing, you should purchase items of a similar value, rather than opting for pricier items.Back to top
What are the components of a personal injury claim?
Compensation will comprise two parts; General Damages and Special Damages. General Damages are financial recompense specifically for the injury you have sustained. Special Damages are reimbursement for costs that you have incurred because of what has happened.
Examples of General Damages include:
- Broken bones
- Cuts or lacerations
- Damage to muscle tissue or ligaments
- Pain and discomfort
Examples of Special Damages include:
- The cost of travel to and from hospital appointments
- Torn, damaged or stained clothing
- Loss of earnings as a result of not being able to work due to injury
- Paying for help with cleaning or cooking that you would usually be able to do yourself
- The cost of childcare that has been required as a direct result of your injury
- The cost of equipment that you have had to buy or hire because of the accident, such as a wheelchair or walking aid
How do you ensure that you receive all damages due, while mitigating and minimising losses?
While there is no guarantee that you will be compensated for both General Damages and Special Damages, seeking expert advice from the outset will maximise your chances of success.
Quittance's panel of solicitors can advise you on every step of the process, including the gathering of evidence to support your claim.
As well as evidence of your hospital and doctor appointments, and photographs of your injuries, you should also retain proof of all other costs incurred.
Evidence can include bus tickets and receipts for taxis, replacement items, and services or equipment that you have required because of the incident. These receipts should show that you have spent only what is required, rather than any unnecessary expense.
You can minimise your losses by ensuring that you attend all medical appointments and completing all recommended treatment, such as physiotherapy.
Treatment can hasten your recovery so that you are in a position to recommence employment and the care of your children or other dependants as soon as possible.
You can mitigate the cost of equipment that you might need for recovery by researching a range of options and seeking advice to find what you need at reasonable cost.
Quittance's panel of solicitors can provide expert support on how best to minimise and mitigate your losses, and on how best to make a successful claim for personal injury compensation.