{"id":352987,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/the-plaintiff-s-duty-to-mitigate-damages.html"},"modified":"2024-05-09T23:16:25","modified_gmt":"2024-05-10T04:16:25","slug":"the-plaintiff-s-duty-to-mitigate-damages","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/the-plaintiff-s-duty-to-mitigate-damages.html","title":{"rendered":"The Injured Plaintiff’s Duty To Mitigate Damages"},"content":{"rendered":"\n
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The Injured Plaintiff's Duty To Mitigate Damages<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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If you’re injured due to someone else’s negligence, you have to take reasonable steps to minimize the effects and loss related to your injuries. This is known as mitigating your damages.<\/p>\n\n <\/div>\n\n\n\n

If you bring a personal injury case, the defendant will usually try to reduce the damages you can recover. The defendant does this by proving you failed to take reasonable steps to reduce your loss following your injury. Taking steps to mitigate your damages helps you avoid a reduction or denial of your claimed damages in your personal injury lawsuit.<\/p>\n

This obligation includes:<\/p>\n