Louisiana Personal Injury Law: Failure to Mitigate Damages

Our law seeks to fully repair injuries which arise from a legal wrong. However, an accident victim has a duty to exercise reasonable diligence and ordinary care to minimize his damages after the injury has been inflicted. He need not make extraordinary or impractical efforts, but he must undertake those which would be pursued by a man of ordinary prudence under the circumstances. Thus, his recovery will not be limited because of a refusal to undergo medical treatment that holds little promise for successful recovery. The expense and inconvenience of treatment are also proper considerations in determining the reasonableness of a person’s refusal to submit to treatment. Moreover, an unreasonable refusal of medical treatment which does not aggravate his injury will not restrict a victim’s recovery. The tortfeasor has the burden of showing both the unreasonableness of the victim’s refusal of treatment and the consequent aggravation of the injury. See Jacobs v. N.O.P.S.I., 432 So.2d 843, 845-46 (La.1983).

If you or a loved one has been seriously injured in a Louisiana accident, contact the experienced Baton Rouge, Louisiana accident lawyers at Dué, Guidry, Piedrahita & Andrews. Email Louisiana injury lawyers or call (800) 929-7481 to schedule a free consultation.