The “Duty to Mitigate”: What Colorado Law Expects of You After an Accident

After you’ve been injured by someone else’s negligence, you have a clear right to seek compensation for your medical bills, lost wages, and suffering. What many people don’t realize is that under Colorado law, you also have a responsibility. It’s a legal concept called the “duty to mitigate damages,” and it’s one of the most common and effective tactics insurance companies use to reduce the value of a legitimate personal injury claim.

Understanding this duty is not just a legal technicality; it’s a critical part of protecting your right to a fair recovery. At Flanagan Law, we want to empower you with this knowledge so an insurance adjuster can’t use it against you.

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What Is the “Duty to Mitigate Damages?”

The duty to mitigate damages, also known as the doctrine of “avoidable consequences,” is a legal principle that requires an injured person to take reasonable steps to minimize the financial and physical impact of their injuries after an accident.

In simple terms, the law expects you to act responsibly to prevent your condition from getting worse. You cannot sit back, let your injuries and losses pile up unnecessarily, and then expect the at-fault party to pay for the damages that you could have reasonably avoided.

It’s an affirmative defense, which means the burden of proof is on the at-fault party’s insurance company to prove that you failed to take these reasonable steps and that this failure made your damages worse.

What Does “Reasonable Steps” Look Like in Practice?

The key word here is “reasonable.” The law does not expect you to do anything extraordinary or to bankrupt yourself in the process of your recovery. For a car accident victim, reasonable steps typically include:

• Seeking Prompt Medical Care: As we’ve discussed before, getting a medical evaluation soon after an accident is crucial. Delaying treatment gives an insurer an opening to argue that your injuries weren’t serious or were caused by something else.
• Following Your Doctor’s Orders: This is perhaps the most critical component. If your doctor prescribes physical therapy, medication, or refers you to a specialist, you are expected to follow that advice. Skipping appointments or abandoning your treatment plan is a major red flag.
• Attempting to Return to Work: If your doctor clears you for “light-duty” work or you are physically capable of working in some capacity, you are expected to make a good-faith effort to do so. You cannot voluntarily stay out of work longer than medically necessary and then claim the full amount of lost wages for that period.

How Insurance Companies Use This Against You

An insurance adjuster’s job is to find any reason to pay out less money. They will scrutinize your every action after the accident, looking for evidence of a failure to mitigate. They will argue things like:

• “The victim missed five physical therapy appointments, so their ongoing back pain is their own fault for not completing treatment.”
• “The doctor recommended an MRI, but the victim waited three months to get it done. The condition worsened during that time, which we are not responsible for.”
• “The victim’s doctor cleared them for light-duty work, but they made no effort to find a suitable position, so we should not have to pay for those weeks of lost wages.”

If they can successfully convince a jury that you failed to mitigate, your final compensation award will be reduced by the amount of damages they believe you could have reasonably avoided.

Protecting Yourself and Your Claim

Navigating your recovery is your top priority. While you focus on your health, it’s important to be mindful of how your actions can be perceived. Following your doctor’s treatment plan is not only the best thing for your physical well-being, but it also creates a strong, consistent medical record that refutes any “failure to mitigate” arguments.

If an insurance company is questioning the steps you’ve taken to recover from a car accident, it is a clear sign that you need an experienced attorney to protect your rights. [Link “car accident” to your /car-accidents/ page]

Frequently Asked Questions

Do I have to undergo a risky or expensive surgery to mitigate my damages?

No. The standard is “reasonableness.” You are not required to undergo a particularly risky, experimental, or invasive procedure if you have legitimate concerns. The court would consider factors like the surgery’s success rate, the level of risk, and your doctor’s own opinion on its necessity.

What if I can’t afford the medical treatment my doctor recommends?

This is a common and understandable situation. If you cannot afford treatment, this may be considered a reasonable explanation for a delay. It’s vital to document your financial situation and communicate with your doctors. This is also a situation where an attorney can help, often by working with medical providers who agree to treat you under a “medical lien,” where they get paid out of the final settlement.

Does the duty to mitigate mean I have to take the first job I’m offered, even if it pays less?

You are expected to make a reasonable effort to find suitable employment. You are generally not required to accept a job that is significantly different from your previous work or that pays substantially less. The focus is on making a good-faith effort to reduce your lost wage claim.

If I don’t wear my seatbelt, is that considered a failure to mitigate damages?

Yes. In Colorado, evidence that you were not wearing a seatbelt is admissible in a civil trial specifically to show that you failed to mitigate your damages for “pain and suffering.” It cannot be used to argue that you were at fault for the accident itself, but it can reduce your final compensation for your non-economic damages.

Does this duty apply before the accident happens?

No. A person has no legal duty to anticipate that another person will act negligently. The duty to mitigate your damages only begins after the injury has occurred.

Navigating the complexities of a personal injury claim while trying to heal is a heavy burden. You don’t have to do it alone. If an insurance company is questioning your actions or trying to unfairly reduce your claim, contact Flanagan Law for a free, comprehensive consultation. We will handle the legal fight, so you can focus on what truly matters: your recovery.