HOW FAR DOES THE "FAILURE TO MITIGATE DAMAGES" DEFENSE REACH?
Personal injury victims in Indiana are required to use reasonable care to mitigate any damages or injuries they sustained as a result of an accident. Generally under this duty, the injured party must follow their doctor's orders following the accident. If a party's injuries are worsened as a result of the party's failure to follow his/her doctor's instructions, then that party's recovery for his/her injuries can be reduced.
But how far can this defense reach?
In Staton vs. Hawkins, 818 N.E.2d 79 (Ind. Ct. App. 2004), the plaintiff who had been injured in an automobile collision resulting in a wrist injury, continued her hobby of racing ATV's following the collision. Unfortunately, the post-accident racing worsened the plaintiffs wrist injury, requiring additional treatment. Defendant argued that plaintiff had failed to mitigate her damages and should not be allowed to recover for those additional injuries.
Giving us a hint as to the limits of this defense, the Indiana Court of Appeals held that the plaintiff had not failed to mitigate her injuries. The court explained that even though plaintiff's wrist injury worsened after racing her ATV, it also worsened after she performed other daily life activities. Further, the court reasoned that plaintiff had followed her treating physician's instructions, who encouraged her to continue racing.
