What you do after an injury can directly affect how much money you recover. Even when someone else caused the harm, a claim can lose value if the injured person lets avoidable losses grow - like skipping reasonable medical care, refusing work they can safely do, or ignoring clear steps that would keep the damage from getting worse.

Technically, mitigation of damages is the legal duty to take reasonable steps to reduce the financial and physical harm after a loss. It does not require perfect choices, risky treatment, or pushing through pain. The standard is reasonableness under the circumstances. In an injury case, that often means following medical advice, attending appointments, filling prescriptions when possible, and trying medically appropriate light duty if cleared. The at-fault party generally cannot be charged for losses that could have been reasonably avoided.

In practice, defendants and insurers use mitigation arguments to cut damages. They may say a delayed doctor visit made the injury worse, or that missed treatment increased lost wages. That does not mean every gap in care destroys a case; real-life barriers like cost, transportation, and severe pain can matter.

For New Mexico claims, mitigation can still limit recovery even though the state does not cap non-economic damages such as pain and suffering in ordinary personal injury cases. Strong records help show that any worsening came from the original injury, not a failure to act reasonably.