Following an accident, you may experience a complete transformation in your life. Between the physical pain, emotional distress, and mounting medical bills, navigating the path to recovery is a challenge. One of the most important steps you can take—not just for your health but for the strength of your personal injury claim—is to diligently follow the medical advice provided by your healthcare professionals. Failing to do so can have serious negative consequences for your ability to recover fair compensation.
Insurance companies are not on your side. Their goal is to minimize the amount they pay out on claims. One of the first things an insurance adjuster will look for is any reason to devalue your case. If they discover that you missed physical therapy appointments, failed to fill a prescription, or ignored your doctor's orders to rest, they will capitalize on this information. They will argue that your injuries are not as severe as you claim or, worse, that your actions—or inaction—are the real reason for your prolonged pain and suffering.
This article explores the legal and practical reasons why adhering to your medical treatment plan is fundamental to a successful personal injury case in Vermont. We will examine legal doctrines like the duty to mitigate damages and show how your medical records become the foundation of your claim.
The Legal Principle: Your Duty to Mitigate Damages
In the realm of Vermont law, a concept known as the duty to mitigate damages plays a significant role in personal injury cases. This legal principle requires that a person who has been injured must take reasonable steps to prevent their injuries from getting worse. It is a common-sense rule: the law expects you to act responsibly to minimize the negative effects of the harm someone else caused.
Think of it this way: imagine a pipe bursts in your apartment due to the landlord's negligence, and water starts flooding your living room. The duty to mitigate would mean you should take reasonable actions, like moving your valuable electronics out of the water's path and calling the landlord immediately. You cannot simply stand by, let all your possessions be destroyed, and then expect the landlord to pay for everything when you could have easily prevented some of the loss.
In a personal injury context, this means following your doctor’s treatment plan. If a doctor prescribes physical therapy to help you regain mobility after a car accident, the law expects you to attend those sessions. If you are told to avoid heavy lifting to prevent re-injuring your back, you are expected to follow that restriction. Failing to take these reasonable steps can be interpreted as not mitigating your damages. The defense can then argue that a portion of your suffering and medical expenses is due to your negligence in caring for yourself after the initial incident.
How Non-Compliance Impacts Your Compensation in a Vermont Personal Injury Case
If a court finds that you failed to mitigate your damages, it can reduce the amount of compensation you receive. The reduction would be calculated based on the extent to which your inaction worsened your condition. For example, if a jury determines that your recovery would have taken six months with proper care but instead took a year because you skipped physical therapy, they might refuse to award compensation for the extra six months of pain, suffering, and lost wages.
This type of reasoning is a powerful tool for insurance companies. They will meticulously review your medical records, seeking any evidence of non-compliance. Every missed appointment, unfilled prescription, or note from a doctor about you disregarding their advice becomes ammunition they can use to pay you less than what your claim is truly worth.
The Doctrine of Avoidable Consequences in Vermont Tort Law
Closely related to the duty to mitigate is the doctrine of avoidable consequences. While they sound similar, they apply at different stages. The duty to mitigate generally refers to the actions you take after the wrongful act has occurred to minimize the resulting harm. The doctrine of avoidable consequences specifically bars you from recovering damages that you could have reasonably avoided.
This doctrine is not about blaming you for the initial accident. The other party is still at fault for causing the injury. However, the law separates the initial injury from any subsequent harm you could have prevented. In Vermont tort law, the person who caused the accident is responsible for the harm they directly caused, but not for the additional harm you caused yourself by failing to act reasonably in your own recovery.
For instance, if you suffer a deep cut in a slip and fall accident and the doctor instructs you to keep it clean and bandaged to prevent infection, but you ignore this advice and the wound becomes severely infected, requiring extensive surgery. The defendant would be liable for the initial cut and related treatment. However, their lawyer would argue, under the doctrine of avoidable consequences, that they are not responsible for the costs and suffering associated with the infection because you could have reasonably avoided it by following simple medical instructions.
Distinguishing from Comparative Negligence
It is important not to confuse this scenario with comparative negligence. Comparative negligence in Vermont reduces a plaintiff’s recovery based on their percentage of fault in causing the accident itself. If you were found to be 20% at fault for the car crash, your total award would be reduced by 20%. The doctrine of avoidable consequences applies after the accident and deals only with the damages that arose from your failure to care for your injuries properly. It does not concern who was at fault for the incident.
Medical Records: The Story of Your Personal Injury
Your medical records are the single most important piece of evidence in your personal injury case. They provide a detailed, chronological account of your injuries, your treatment, and your path to recovery. When you consistently follow medical advice, your records tell a compelling story of someone who is genuinely hurt and is doing everything in their power to become better.
This creates a strong, credible narrative for your claim. It shows:
- The Severity of the Injury: Consistent visits to doctors, specialists, and therapists document the seriousness of your condition.
- Causation: The records link your injuries directly to the accident, as documented by medical professionals from the beginning.
- Pain and Suffering: Doctors’ notes often describe your reported pain levels, limitations on daily activities, and the emotional toll of the injury.
- Diligence: A record of completed appointments and followed protocols demonstrates that you are a responsible patient committed to your health.
The Dangers of Gaps in Treatment
Conversely, gaps in treatment create holes in this narrative. When you stop going to the doctor for weeks or months, an insurance adjuster will ask why. They will suggest that the reason you stopped treatment is that you were no longer in pain and had fully recovered. They will argue that any pain you complain about later is either exaggerated or related to a new, unrelated injury.
Even if you had a valid reason for the gap—perhaps you couldn't afford the co-pays or had a family emergency—the insurance company will use it to create doubt. This doubt can significantly weaken your negotiating position and can be very damaging if your case goes to trial. A jury may wonder why you weren't seeking treatment if you were truly in as much pain as you claim. Consistent medical care closes these gaps and leaves no room for such speculation.
Protecting Your Rights: What a Vermont Personal Injury Attorney Does for You
Navigating the complexities of a legal claim while trying to recover from an injury is a difficult task. A skilled personal injury lawyer in Vermont serves as your advocate and guide, ensuring you do not make mistakes that could jeopardize your case.
An experienced personal injury attorney can help in several ways:
- Explaining the Process: Your attorney will explain your legal obligations, including the duty to mitigate damages, so you know what is expected of you.
- Communicating with Insurers: Your lawyer will handle all communications with the insurance companies. If adjusters have questions about your treatment, your lawyer will address them, preventing you from being put in a position where you might say something that could be used against you.
- Gathering Evidence: Your legal team will collect all your medical records, bills, and other documents to build a comprehensive case file that demonstrates the full extent of your damages.
- Addressing Treatment Gaps: If there is a legitimate reason for a gap in your treatment, your attorney can work to explain it and provide supporting evidence, minimizing the negative impact on your claim.
- Connecting You with Specialists: In some cases, a lawyer may be able to help you find qualified medical specialists to ensure you are receiving the best possible care for your injuries.
Ultimately, your lawyer's job is to protect your rights and fight for the maximum compensation you deserve. Part of that job is advising you on how your actions—including your commitment to your medical treatment—will be perceived by the other side.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
If you have been injured in an accident in Vermont, do not underestimate the importance of following your doctor's advice. It is essential for your physical well-being and for the financial recovery you are entitled to. The legal system places a responsibility on you to actively participate in your healing process, and failing to do so can significantly reduce the value of your personal injury claim.
At Brandon J. Broderick, Attorney at Law, we are dedicated to helping injury victims navigate these challenges. We can offer the necessary guidance to protect both your health and your legal rights. Contact us today for a free consultation to discuss your case. We are available day or night to assist you.