What is Mitigation?

The principle of mitigation states that all parties to a lawsuit have an obligation to take steps to reduce the amount of harm they have suffered. Extenuating circumstances can have an effect on the verdict that is handed down in a case, as these situations are almost never black and white. This is taken into consideration by mitigation, which can have an effect on the amount of compensation you are entitled to after an accident.

You still have a duty to mitigate your potential damages if you were the victim of a tort or a breach of contract. If you’ve been negligent in this regard, you won’t be able to simply charge the defendant with everything. Discover how mitigation works and how it may affect your potential award.

Mitigation Defined

In the context of personal injury cases, “mitigation of damages” refers to the victim’s promise not to turn down any reasonable opportunity to reduce the amount of harm or money lost as a result of the incident. In certain situations, this may involve something as straightforward as making sure that you keep all of your doctor’s appointments so that you can receive the necessary follow-up care. In other cases, it may mean accepting a job with a lower salary in order to accommodate the limitations imposed on you by your physical or mental condition after suffering serious injuries.

What Are the Consequences of Failing to Mitigate Your Damage?

If you decide not to take any steps to reduce the amount of damages you suffered, the total amount of the award you receive from the court will be reduced by the sum that you would have received if you had taken the mitigating action.

Take, for instance, the scenario in which you sustain injuries in a car crash that prevent you from returning to your job. You would not be making reasonable efforts to mitigate your damages if you turned down a low-paying clerical job that required less physical exertion but was less demanding physically. Your damages for lost wages will be reduced by the amount that you would have earned if you had taken that job if your case goes to trial. 

The medical field makes use of the same fundamental ideas as other fields of study. It is possible that you will not be able to get all of your medical expenses paid if your condition deteriorates and you do not attend your scheduled medical appointments or continue with the treatment that has been recommended to you.

It is always a good idea for someone who has been hurt in a personal injury case to not only see a doctor initially but also go back to get additional recommended treatment. When you mitigate the effects of an accident, you not only prevent any potential problems from occurring, but you also receive helpful medical records that detail how well you are recovering from the accident.

In the Context of Law, Are There Any Other Definitions of the Term "Mitigation"?

You might also be familiar with the concept of mitigating circumstances in the context of criminal law. The phrase “mitigating circumstances” refers to the reduction of a criminal penalty as a result of circumstances that are in the defendant’s favor. The most typical illustration is that of a malnourished man who, despite having stolen a loaf of bread, is given a lighter sentence because of the mitigating circumstance of his hunger.

Contact The Brown Firm if You Were Injured in an Accident

Speak with an attorney regarding your case if you want to receive compensation for your losses. Our law firm has a team of lawyers who specialize in representing victims of personal injury accidents. 

When you contact The Brown Firm, you will get a free consultation with an attorney. You will be able to explain the circumstances surrounding the accident, and the attorney will let you know how they can best assist with your case.

Contact The Brown Firm to schedule an appointment today.

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