Saturday, July 28, 2012
What does mitigation of damages mean in New York? It means if you suffered injuries as a result of an accident or medical malpractice and you have the opportunity to get treatment that will minimize your injuries, you have a legal obligation to do so.
Let's say a doctor improperly diagnosed your fracture. As a result you now have a deformed arm that constantly hurts because of the position it healed in. You also learn that your orthopedic surgeon could perform corrective surgery that would eliminate the pain and eliminate the deformity.
You are required to minimize the extent of the damages if possible. However, there may be valid reasons why you are unable to proceed forward with corrective surgery. A jury will then need to evaluate your reasons when deciding your case.
Watch the video to learn more.
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.
To learn more about how car accident and negligence cases work in the state of New York, I encourage you to explore my educational website.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at email@example.com. This is what I do every day and I'd be happy to talk with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021