Recovering from an injury sustained in an accident is already tough as it is. On top of the healing process come the struggles of a daily existence, and if you are incapable of work, there is always the fear of the future.
Even if you are cleared to return to your previous job, there is still the lingering doubt of whether your employer will give you back your old job. And if that is impossible due to your injury, your fear may be even greater since not all employers are kind enough to make the adjustments needed to keep you employed.
Knowing what obligations your employer has towards you is important to determine what compensation you are entitled to in regards to the loss of income you will be awarded after you have successfully filed your personal injury claim.
Acting Reasonable During Recovery
During the recovery period following your injury, your duty is to minimize any further damages, as well as act reasonably so your recovery period will be as short as possible. You are required to do your best to improve your situation and take it easy until your injuries have had a chance to heal.Should you fail to obey these requirements, you will not be able to recover the damages that would have otherwise be owed to you. The courts’ reasoning behind this is that it would be unreasonable to make the defendant pay for losses the plaintiff had the ability to avoid through reasonable behavior. That is why talk with the personal injury lawyer in Lloydminster before asking to be compensated.
Following Your Doctor’s Orders
In addition to your previously stated duties, you will also need to extend your reasonable behavior to the treatment phase. As you are recovering from your injuries, frequent appointments with your healthcare providers will become a part of your routine. During these visits, your doctor may suggest different forms of treatment which you will need to undertake as means of fulfilling your duty to mitigate.
This will mean that you will take the prescribed medication, show up for physiotherapy as well as any other form of therapy if suggested, and maybe even get surgery, shall that be a necessity to rid yourself of pain and suffering and speed up the healing process.
Whether you are found to have fully performed your duty to mitigate is matter of fact. If the defendant has reason to believe that you have been negligent of this duty, it is up to them and their defense team to prove it. If you have followed protocol, you will have no reason to fear. However, if you have failed to show up for appointments or acted unreasonably and the defendant proves this, you will see your compensation decrease accordingly.
It should also be noted that it will not just be your compensation for general damages for pain and suffering that will be reduced but other damage awards as well if they have been influenced by your negligent behavior. On the grounds of your right to refuse medical treatment however, the courts do accept certain decisions on your part if they deem them reasonable.