The Plaintiff’s Duty To Mitigate

Personal injury cases can get complicated pretty quickly. Not only do they involve many factors that can be difficult to prove (like a defendant’s duty, breach, causation, and damages), but even when those hurdles have been met, a plaintiff has obligations of their own that must be met. Even an innocent plaintiff who has been injured by someone else’s negligence must mitigate (or reduce) their damages as much as possible.

What Is The Duty to Mitigate?

The “duty to mitigate” (or “mitigation”) refers to the legal concept that requires a plaintiff who has been injured to reduce the damage that has been inflicted on him.

What? Does that mean that someone who has been injured through no fault of his own has a duty to reduce the damage the other person caused him to suffer?

Yes, it does. Every plaintiff has the obligation to take reasonable steps to avoid further loss and to minimize the consequences of the injury. In the context of a personal injury case, that means you (as a plaintiff) have an obligation to:

• Seek medical attention.
• Undergo surgery (if recommended).
• Seek other employment or re-train (if necessary).
• Undertake any other reasonable steps necessary to mitigate the damage that was caused to you as much as possible.

Why? If you do not, the rule of mitigation of damages allows the judge or jury to reduce your right to recover that portion of your damages, which the judge or jury finds you could have reasonably avoided.

How the Duty to Mitigate Works (With an Example)

It may be easiest to understand how the duty to mitigate works by looking at an example. Let’s say that you are in a car accident and you break your leg. If your doctor recommends surgery as the only way to repair the break and says you must stay off the leg for six months, but you refuse to have surgery and don’t stay off the leg for six months – you cannot later claim damages for the conditions that resulted from your refusal to have surgery and stay off the leg.

If a reasonably prudent person followed the doctor’s advice, your damages would be reduced by the amount your failure to follow the doctor’s advice resulted in a lack of improvement in your leg (or aggravation of the break).

What Failure to Mitigate Damages Results In

Failing to mitigate damages (having surgery, seeking medical care, finding employment, etc.) in a personal injury case as a plaintiff can result in a significant reduction or even outright denial of compensation to which you might otherwise be entitled to. The court expects you to take reasonable steps to minimize the impact of your injuries, and any deviation from this expectation can severely affect the outcome of your case.

Many assume that being a victim absolves them of responsibility regarding their recovery process. This misunderstanding can result in financial losses that compound the physical and emotional stress of the accident itself.

Of course, we always recommend following medical advice and documenting all steps taken to recover so you can prove to the court that efforts to mitigate damages were made. Insurance companies often scrutinize claims for any lack of mitigation as a reason to reduce settlements.

We Are Personal Injury Attorneys

When you’ve suffered an injury, the road to recovery can seem daunting. Between dealing with medical treatments and fighting for the compensation you deserve, it’s easy to feel overwhelmed. We at OlsenDaines recognize that each client comes with a unique set of challenges and opportunities for recovery. So our team can guide you through the post-accident process so you understand and fulfill your duty to mitigate.

If you have been injured, we can help. We are personal injury attorneys with offices throughout Oregon and Washington state. You can find all of our office locations here.

You can call us toll-free at 503-751-3976.To set up an appointment, contact us here.