9.05 Mitigation of Damages is a legal tool used to limit the amount of compensation a party may be entitled to in a civil lawsuit. It is based on the principle that an injured party should take responsibility for minimizing their own losses. This can be done by, for example, attempting to find employment, taking reasonable steps to reduce medical expenses, or making other efforts to reduce the amount of damages. There are two types of 9.05 Mitigation of Damages: compensatory damages and punitive damages. Compensatory damages are intended to compensate an injured party for their losses, while punitive damages are designed to punish a party for their wrongdoings.
9.05 Mitigation of Damages
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US-JURY-7THCIR-9-05
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Word
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
?Duty to mitigate? is your obligation as a plaintiff to take reasonable steps to reduce the extent of your injury or loss. In other words, even if the defendant's negligence caused your injury, the jury will not award you compensation for damages that you could have reasonably prevented.
The term mitigate damages refers to a doctrine most common in tort and contract law that a plaintiff's monetary recovery (stemming from an injury or a breach of contract) can be reduced by the extent to which the plaintiff could have taken reasonable steps to avoid or ?mitigate? his or her damages.
The victim is legally bound to behave to mitigate both the consequences of the breach and their losses. This is true even if the victim who suffers personal injury through no fault of their own must take reasonable steps to avoid further loss and minimize the loss consequences of the injury.
Ing to Pennsylvania case law, the claimant must make ?reasonable efforts to mitigate their losses,? meaning that someone who has suffered damages has to take reasonable steps to reduce the amount of damages they suffer.
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.
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.
Under the mitigation of damages doctrine, the aggrieved party should take reasonable steps, where possible, to avoid additional injury or loss. The failure of the aggrieved party to take protective measures after suffering an injury or loss can reduce the plaintiff's recovery.
2d 1011, 1014 (Fla. 4th DCA 1984) (?The doctrine of avoidable consequences, commonly referred to as a duty to mitigate damages, prevents a party from recovering those damages inflicted by a wrongdoer which the injured party 'could have avoided without undue risk, burden, or humiliation.