Refusing Surgery is Not a Failure to Mitigate Damages

The Louisiana First Circuit Court of Appeal held that an injury victim does not fail to mitigate his damages when he refuses to undergo surgery which would not significantly alleviate his disability or which carries risks of failure, more scarring and pain, or when the treatment is painful, or when he is unable to pay for the treatment. Flemings v. State, 2007-1290 (La.App. 4 Cir. 8/26/09), 19 So.3d 1220.

This personal injury legal update is provided by Baton Rouge, Louisiana injury lawyer Scott Andrews of the Louisiana accident and injury law firm, Dué, Guidry, Piedrahita & Andrews.