How Failing to Mitigate Damages After a Chicago Car Accident Could Hurt Your Injury Claim

When you’re injured in a Chicago car accident caused by someone else’s negligence, you have the legal right to pursue compensation for your medical bills, lost wages, pain and suffering, and other losses. But Illinois law also requires you to take reasonable steps to reduce your damages. This is known as your duty to mitigate.

Failing to mitigate doesn’t mean you caused the crash – it simply means the insurance company may argue that some of your losses could have been avoided. If they succeed, your total compensation can be reduced, sometimes significantly.

Below, we discuss what Illinois crash victims need to know about this rule, how insurers use it, and what steps you can take to protect your claim.

What Is the Duty to Mitigate in Illinois?

Under Illinois law, injured people must act reasonably after an accident to prevent their damages from getting worse. You are not required to take extreme measures or put yourself at risk however, you must avoid behavior that potentially increases your losses unnecessarily.

In the context of a motor vehicle crash, mitigation typically includes:

• Seeking medical treatment promptly
• Following medical recommendations and restrictions
• Attending follow-up appointments
• Participating in physical therapy when prescribed
• Staying off work when directed, and returning only with medical clearance
• Using your vehicle safely after repairs

If the insurance carrier can show that you ignored medical advice or otherwise worsened your own condition, they may attempt to reduce the value of your injury claim.

How Failing to Mitigate Damages May Harm Your Car Accident Claim

The Insurance Company Will Argue You Prolonged or Worsened Your Injuries

If you skip treatment or don’t follow your doctor’s instructions, the insurer may try to claim:

• Your injuries aren’t as serious as you say
• Your pain is unrelated to the crash
• You allowed your condition to deteriorate
• They’ll use this to justify a lower settlement offer

Gaps in Treatment Undermine Credibility

Long delays between appointments – or long stretches without care – give insurers ammunition to say:

• You recovered and then re-injured yourself later
• Your symptoms aren’t continuous or crash-related
• You are exaggerating your pain

In Illinois injury cases, credibility can play a considerable role in the final outcome.

You May Lose Compensation for Avoidable Medical Costs

If you delay treatment and your condition worsens, insurers may argue they shouldn’t have to pay for:

• Complications
• Additional tests
• Increased medication
• Longer physical therapy
• Surgery that may have been avoidable

Even when a defendant is clearly liable, you only recover for reasonable and necessary medical care.

Lost Wage Claims Can Be Challenged

Failing to follow return-to-work instructions can allow insurers to question:

• How long you were actually unable to work
• Whether your missed time was medically justified
• If you could have returned to light duty sooner

Even legitimate wage-loss claims may potentially be reduced.

Common Examples of Failing to Mitigate Damages

Chicago car accident victims may unknowingly hurt their cases when they:

• Don’t go to the ER or urgent care immediately after the crash
• Decline imaging (X-rays, CT scans) that doctors recommend
• Miss follow-up appointments or physical therapy
• Try to “tough it out” instead of resting
• Engage in heavy lifting or exercise before medically cleared
• Fail to take prescribed medication
• Return to work early and worsen their injuries
• Ignore mental health symptoms like anxiety or PTSD

These behaviors don’t make injury victims responsible for the accident – however, they can give insurers an opportunity to reduce compensation.

How to Protect Your Injury Claim After a Chicago Car Crash

• Seek Medical Treatment Immediately – even if pain seems manageable, prompt evaluation creates documentation and prevents complications.
• Follow Your Doctor’s Recommendations – attend all appointments, complete therapy, and avoid lifting or activities you’ve been restricted from.
• Communicate Clearly With Providers – if something isn’t working – medication, therapy, and so on – tell your doctor rather than stopping treatment on your own.
• Report Work Limitations Accurately – get written restrictions and follow them exactly. Do not return to work until your doctor says it’s safe.
• Document Everything – keep copies of medical records, receipts, mileage, and employer notes.

Illinois Law and Comparative Negligence

Illinois follows modified comparative negligence. If the insurer convinces a jury that your own actions increased your damages. Your compensation may be reduced by the percentage they attribute to your failure to mitigate. If you are found more than 50% at fault for worsening your condition, you may lose the right to recover those specific damages entirely. This makes proper documentation and legal guidance essential.

Frequently Asked Questions

What does “mitigating damages” mean after a Chicago car accident?

Mitigating damages means taking reasonable steps to prevent your injuries and financial losses from becoming worse. This typically involves getting medical care promptly, following treatment plans, returning to work only when medically cleared, and avoiding activities that could aggravate your injuries.

Can the insurance company reduce my settlement if I didn’t follow all of my doctor’s instructions?

Yes. Insurers commonly argue that failure to follow medical advice – examples may include skipping physical therapy or ignoring activity restrictions – made your injuries worse. If they succeed, they may reduce compensation for the portion of damages they believe could have been avoided.

What if I didn’t feel injured right after the crash and delayed treatment?

Many injuries, especially soft-tissue injuries and concussions, do not show symptoms immediately. However, delaying treatment is a common mistake that creates an opening for the insurance company to argue that your injuries were caused by something other than the accident or that you allowed your condition to worsen. Prompt evaluation is always recommended.

What happens if I was unable to attend appointments because of work or childcare issues?

Life complications are understandable, but insurance companies rarely give the benefit of the doubt. They may still claim that missed appointments reflect poor mitigation. If scheduling challenges arise, document them and communicate with your providers – rescheduling is better than skipping completely.

Does failing to mitigate damages mean I lose my entire case?

Not usually. Failure to mitigate does not eliminate your right to file an injury claim. Instead, it allows the insurer to argue for a reduction of damages that could have been avoided. You can still recover compensation for the injuries directly caused by the crash.

How does Illinois’ comparative negligence rule apply here?

Illinois’ modified comparative negligence system allows compensation to be reduced by your percentage of fault. If a jury finds you partly responsible for worsening your injuries, your award may be reduced. You are only barred from recovery if you are found more than 50% responsible for the increased damages—not for the crash itself.

Can physical activity or returning to work too soon hurt my claim?

Yes. If you push yourself too hard and aggravate your injury before your doctor approves activity or work, the insurer may claim you increased your own damages. Always follow documented medical restrictions and obtain written clearance before resuming physically demanding tasks.

How can a lawyer help protect me against mitigation arguments?

An experienced car accident lawyer in Chicago can gather medical evidence, communicate with providers, document your compliance, and challenge insurance arguments about whether damages were avoidable. Legal guidance is especially important if the insurer is using mitigation claims to justify a low settlement.

Maximize your overall compensation

If you were injured in a crash anywhere in Cook County or the greater Chicago area, an experienced attorney can:

• Protect you from insurance tactics
• Gather medical evidence
• Document that you acted reasonably
• Push back against mitigation arguments
• Maximize your overall compensation

Cooney & Conway has decades of experience representing seriously injured crash victims in Illinois. If the insurance company is claiming you failed to mitigate damages – or if you simply want to ensure your claim is handled correctly – our team is ready to help and there are no upfront costs or fees to pay.