Mitigation of Financial Loss

We are often asked by our clients if it is ok to accept a new job, start a new course or trial a return to their pre-injury role whilst their personal injury claim is ongoing. Injured clients have a duty to not only attend medical appointments and engage with their rehabilitation, but they also have a duty to attempt to return to work.

One of the most devastating impacts of injury is on our routines, a key one being our work routine. Having a job to go to, not just for  financial return but also for social interaction, autonomy and identity,  is an integral part of our sense of self. While injury may disrupt the kind of work and the amount you can do, it is critical to get back to work as soon as medical advice is supportive of it and you have the capacity to do so.

The duty to mitigate financial loss is not just in the interests of your mental and physical health, it is also one of the factors that will be assessed by the insurance company in calculating the amount of damages they are willing to pay to settle your claim.  An injured person who suffers a minor injury but demonstrates they have made effort  to return to a suitable role will have their damages assessed differently than a person who has suffered a more serious injury but who has not availed themselves of opportunities to return to work that is within their ability.

It is important that you never push yourself beyond your abilities, and that you always follow medical advice. It is also important that you take the lead role in your own recovery and take on opportunities to get back to work or study when you are able to.

It is often the case that what is good for you is going to be good for your claim. It is true that the greater the recovery you make, the less your damages may be, but your claim is likely to resolve more quickly and for the right amount. Experience shows that the ability to work promotes mental wellneing.