A car accident is a potentially dire situation, and it can bring out the worst in people. While some are looking for justified coverage through the proper medical and court systems, others are looking to navigate its tricky corridors with a savvy attorney. No one should fall unnecessary victim to a case with little merit. The area of “mitigating damages” is a useful tool to bring a more pronounced sense of justice to a case.
It can happen in a few ways, but it is most common in civil lawsuits and injuries. For example, plaintiff A is pursuing a case about a vehicle accident from over a year ago. The injuries took some time to surface and they allegedly include intense headaches and pain in the lower back. Thought to derive from the fender-bender 12 months ago, they reach out to a prosecution attorney.
Yet, an equally smart accident lawyer in Villa Rica, GA, can research mitigating damage. It is a scenario that involves exaggeration or undue cause. Plaintiff A may have two things working against this new case.
1. They had a doctor say that they needed to rest after the accident or else face further damage to their spine.
2. Plaintiff A was back at work within one week of the injury. His field? Construction.
These two things are instantly correlated. When surfaced, they will be used as a major tool against an acting prosecution. Mitigating damages essentially states that any individual has a duty to preserve further injuries. In the above scenario, the defense would likely not be liable for this new damage that has occurred. They ignored the doctor’s warnings. He decided to work regardless, and that has caused injuries that were only indirectly caused by the original incident.
An accident lawyer in Villa Rica, GA, should make it clear that a plaintiff may not intentionally be misdirecting and hiding information. But, it is up to the attorney to present a scenario that suits the client. Visit Daniel M. Barnes And Associates to learn about how to build a defense case when something from months ago comes back to the fold.