Mitigate

In a personal injury claim, they have a responsibility to take the proper measures in lessening the effect of their damages. In legal terms, the injured person is required to mitigate the injuries they have suffered. In many cases, it is possible that the injured party's negligence can progress the effects further than what they would have been if proper measures were taken. If this is to believed to have happened, it can be used as a defense by the defendant — the court often lowers damage awards when it can be proved that the injured worsened the damages by their own doing. For example, a person involved in a car accident may neglect to seek medical attention until months later, although they have been informed of a possible injury. If by the time they seek attention, their injuries have worsened, they have failed to mitigate their damages and a lower award will result.

Fast Facts

  • mitigation of damages is only relevant regarding compensatory damages

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