Will I Ruin My Personal Injury Claim If I Return to Work?

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Hands typing on a laptop keyboardWill you hurt my personal injury claim if you return to work? Well, many people believe that returning to work right after injuries could ruin their lawsuits. However, returning to work can benefit rather than hurt a claim. Here are some reasons personal injury lawyers in Townsville recommend clients to go back to work if possible and reasonable.

1. Plaintiffs must mitigate their damages

The law expects people with personal injury claims to make the best of their bad situations. The plaintiffs must take all reasonable steps to try to reduce their losses. Some reasonable measures to try and reduce the damage you suffer as a result of your injury include trying to obtain suitable work.

2. Courts don’t like “malingering.”

Malingering in personal injury lawsuits means that a plaintiff has not attempted or is not trying to reduce their losses caused by her injury. Courts don’t respond well to this behaviour, and they might harshly punish any plaintiff who appears to be malingering. If you fail to mitigate your losses, your court may decide to reduce your compensation.

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3. Not returning to work could hurt a plaintiff’s credit

Unreasonably staying away from work can influence a court’s perception of the claimant’s trustworthiness concerning how the injury occurred and the extent of injuries suffered. Doubts may linger on whether the plaintiff’s evidence is reliable or can be trusted.

If your doctor says you can work, you may face accusations of malingering if you don’t return to your job or don’t try to find alternative work. Conversely, going back to work will demonstrate your work ethic and fulfill your duty to reasonably mitigate your losses. Even if you return to work, you may still claim past and future losses in income if your injuries reduced your capacity for working.