What Is the Duty to Mitigate in Personal Injury Law?
The duty to mitigate requires an injured party (the plaintiff) to take reasonable steps to minimize the damages or losses caused by their injury. In personal injury cases, this means the plaintiff must act responsibly to avoid making their situation worse, such as seeking timely medical treatment or returning to work when medically cleared. Failing to mitigate damages can reduce the compensation the plaintiff receives.
Examples of the Duty to Mitigate
- Seeking Medical Care: A plaintiff must follow medical advice and attend necessary treatments to prevent their injuries from worsening.
- Returning to Work: If cleared by a doctor, the plaintiff must attempt to return to work or seek alternative employment if possible.
- Avoiding Unreasonable Expenses: Plaintiffs should not incur excessive costs for treatments or services that are unnecessary.
Why Is the Duty to Mitigate Important?
- Limits Compensation Reductions: If the plaintiff fails to mitigate damages, the defendant can argue that compensation should be reduced.
- Demonstrates Responsibility: Following medical and legal advice strengthens the plaintiff’s claim.
- Fairness: The law ensures plaintiffs are compensated for actual losses, not avoidable ones.
Legal Considerations
While the plaintiff has a duty to mitigate damages, they are only required to take reasonable actions. The defendant bears the burden of proving that the plaintiff failed to mitigate and that this failure increased the damages. An experienced personal injury attorney can defend against such claims, ensuring the plaintiff’s right to fair compensation is protected.
