What is Doctrine of Avoidable Consequences?

What is the doctrine of avoidable consequences in personal injury law?

The doctrine of avoidable consequences is a legal rule that limits the damages an injured person can recover if they fail to take reasonable steps to reduce or “mitigate” their losses after an accident. The law expects plaintiffs to act sensibly to avoid making their injuries worse or increasing their financial harm. This doesn’t mean they must take extraordinary measures — only that they should behave as a reasonable person would under the circumstances. If they don’t, any damages caused by their inaction may be reduced.

• Limits damages if victim fails to mitigate harm.
  
  
• Requires reasonable post-injury actions.
  
  
• No need for extraordinary measures.
  
  
• Applies to physical and financial losses.
  
  

When does this doctrine apply?

It applies when the injured person’s inaction or poor choices after the accident cause additional harm or expense. For example, refusing necessary medical treatment without a good reason could limit recovery. Courts assess whether the plaintiff’s conduct was reasonable given their situation.

• When post-injury actions worsen damages.
  
  
• Examples: refusing needed medical care.
  
  
• Must assess reasonableness of decisions.
  
  
• Based on case-specific facts.
  
  

Why is the doctrine important?

It encourages fairness by preventing plaintiffs from recovering for harm they could have avoided. It also incentivizes injured parties to follow medical advice, seek appropriate treatment, and protect themselves from further loss. This helps ensure damages reflect the actual harm caused by the defendant’s negligence.

• Promotes fairness in compensation.
  
  
• Encourages following medical advice.
  
  
• Prevents inflated damage claims.
  
  
• Keeps focus on defendant’s actual harm.
  
  

Does this mean plaintiffs must fix everything right away?

No. The law doesn’t require unreasonable expense or risk. Plaintiffs are only expected to take reasonable measures that a typical person in the same situation would take. What’s reasonable will depend on the circumstances, medical advice, and financial means of the injured person.

• No extraordinary effort or expense required.
  
  
• Only reasonable actions expected.
  
  
• Circumstances dictate reasonableness.
  
  
• Focus on practical mitigation steps.
  
  

Conclusion:
The doctrine of avoidable consequences ensures damages reflect the harm truly caused by the defendant, while encouraging injured parties to take reasonable steps to limit further loss.