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Avoidable Consequences


A party who suffers a personal injury is required to exercise ordinary care and perseverance to find a cure, thereby reducing the damages to the most practicable extent. Such an individual should seek reasonable medical care if so required by the injury. It is not necessary for the person to undergo excessively painful treatment or that which involves a significant hazard of death or injury or offers a mere possibility of a cure. The pain inherent in the necessary medical care and treatment may be taken into consideration in assessing whether the plaintiff acted reasonably in declining to submit to it. Although submission to treatment is not a prerequisite to an award of damages, recovery cannot be obtained for increased damages that stem from the failure to submit to necessary medical treatment. Conversely, the mere fact that medical attention was not sought immediately, or at all, will not proscribe an award of damages where the circumstances did not reasonably indicate that medical aid and attention was necessary.

In addition, an injured party has no absolute duty to subscribe to a physician's advice to mitigate damages. The party might, however, under some circumstances, be under an obligation to exercise ordinary care in following such advice.

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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Autopsy to Bill of LadingAvoidable Consequences - Breach Of Contract, Torts