What is the damage mitigation obligation?
Brief definition: As a personal injury victim, you have a duty to limit your damage as much as reasonably possible. This means you must cooperate in recovery and cannot deliberately aggravate your damage. However, this obligation has limits.
What does the damage mitigation obligation entail?
The duty includes:
- Medical treatment: Following recommended treatments
- Reintegration: Cooperating in return to work
- No aggravation: Not deliberately worsening complaints
- Reasonableness: Only what can reasonably be expected
Limits to the obligation
The damage mitigation obligation is not unlimited:
You do not have to:
- Undergo dangerous or experimental treatments
- Accept work that is harmful to your health
- Give up your religious or ethical beliefs
- Make financial sacrifices that are disproportionate
The insurer must:
- Prove that you failed to mitigate damage
- Show that the damage could have been prevented
- Consider your personal circumstances
Consequences of not mitigating
If you fail to mitigate damage:
- Part of the compensation may be reduced
- This concerns only the avoidable damage
- Burden of proof lies with the insurer
Examples of damage mitigation
- Following physiotherapy advice
- Attending rehabilitation trajectory
- Accepting suitable adapted work
- Following psychological treatment
Frequently asked questions about damage mitigation in personal injury
Must I accept any job the insurer offers?
No, only suitable work that fits your education, experience, and medical limitations.
What if I do not want a particular treatment?
You are not obligated to undergo treatment, but if reasonable treatment would reduce the damage, compensation may be reduced for the avoidable part.
Can the insurer force me to reintegrate?
No, but refusing reasonable reintegration efforts may have consequences for your compensation.
Where can I get help with questions about damage mitigation in Utrecht?
A personal injury lawyer can advise you on your rights and obligations. Contact us for advice in Utrecht.