4.12 Damages: Mitigation is a legal term referring to a party's efforts to minimize the damages they are liable for in a legal dispute. Mitigation of damages typically involves two types of damages: compensatory damages and punitive damages. Compensatory damages are meant to restore the party to their pre-dispute position, while punitive damages are meant to punish the party for their wrongful actions. Mitigation of damages can involve a variety of strategies, such as securing a settlement, working out a payment plan, or filing a counter-suit. In some cases, a party may be able to prove that the damages they are liable for are not as severe as initially believed, resulting in a reduction of the amount they are liable for. Mitigation of damages is an important part of the legal process, as it can help to avoid long and expensive court cases.
4.12 Damages: Mitigation
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FAQ
Failure to mitigate damages is an affirmative defense in a personal injury case. This means the defendant admits (or affirms) they were negligent, but points out that the fact the plaintiff failed to take steps to prevent or minimize injury should be considered.
The duty to mitigate damages is the idea that an injured party must take reasonable action to limit the extent of the harm they suffered due to a defendant. For example, in a car accident, you should pull off to the side of the road if possible to avoid being hit by another vehicle.
The mitigation of damages doctrine, also known as the doctrine of avoidable consequences, prevents an injured party from recovering damages that could have been avoided through reasonable efforts. The duty to mitigate damages is most traditionally employed in the areas of tort and contract law.
For example, if a tenant abandons their lease, a landlord has duty to mitigate damages caused by the breaching tenant. In this case, the mitigation of damages doctrine imposes a duty on the landlord to try to find a new tenant and re-rent their property.
Failure to mitigate damages can impact a personal injury claim because it may reduce the amount of compensation that you receive. If there is a genuine issue of whether you failed to mitigate damages, you may receive a lower settlement or a lower award at trial.
The most common example of a failure to mitigate damages is a person's decision to forego medical care after an accident. In such cases, the defendant will claim that the plaintiff accrued unreasonable damages due to their failure to seek prompt medical care.
What Does Mitigation of Damages Mean? Mitigation of damages is a contract law concept demanding a victim in a contract conflict to minimize the damages resulting from a breach of the contract. The victim is legally bound to behave to mitigate both the consequences of the breach and their losses.
Failure to mitigate damages is an affirmative defense in a personal injury case. This means the defendant admits (or affirms) they were negligent, but points out that the fact the plaintiff failed to take steps to prevent or minimize injury should be considered.