What is Duty to Mitigate?

The duty to mitigate refers to a legal obligation that requires an injured party—usually the plaintiff in a personal injury case—to take reasonable steps to minimize their damages after an injury. This means the injured person must act responsibly by seeking proper medical care, following treatment recommendations, and avoiding behaviors that would worsen their condition.

Failing to mitigate damages doesn’t bar a lawsuit entirely, but it can reduce the amount of compensation awarded.

What does duty to mitigate mean in a personal injury case?

In a personal injury case, the duty to mitigate means that once a person is injured, they must make a reasonable effort to prevent their damages from increasing. This applies to both physical injuries and financial losses. For example, if someone refuses necessary medical treatment or turns down light-duty work without good reason, a court may find they failed to mitigate.

The defendant can raise this issue as a defense to reduce liability.

• Plaintiffs must act reasonably after the injury occurs.

• Damages that could have been avoided may be deducted from the recovery.

• Medical care, employment, and lifestyle choices are often scrutinized.

• Failure to mitigate is a common defense raised by insurers.

What are examples of failure to mitigate damages?

The most common scenarios where the defense may claim a failure to mitigate include:

• Delaying medical treatment, allowing an injury to worsen unnecessarily.

• Ignoring doctor’s advice or failing to attend follow-up care or therapy.

• Refusing surgery or treatment that could improve the condition.

• Turning down a light-duty or modified job that could reduce wage losses.

In each case, the defendant must prove that the plaintiff’s unreasonable actions caused avoidable harm or financial loss.

• Inaction or refusal to treat injuries can hurt your case.

• Courts evaluate whether actions were reasonable, not perfect.

• Economic losses may be reduced if work opportunities were ignored.

• Medical records and expert opinions often determine reasonableness.

How does duty to mitigate affect damages?

If the court finds that the plaintiff failed to mitigate, it may reduce the damages award by the amount of harm that could have been avoided. The burden is on the defendant to prove that reasonable mitigation was possible and that the plaintiff’s failure directly increased their losses.

This doesn’t eliminate the claim, but it may reduce compensation significantly—especially in cases involving ongoing medical issues or lost wages.

• Defendants must prove failure to mitigate and resulting impact.

• Judges or juries may reduce awards if mitigation steps were ignored.

• Compensation is limited to unavoidable damages.

• Mitigation applies to both physical and financial harm.

How can plaintiffs protect their claim?

To avoid challenges related to the duty to mitigate, injured parties should:

• Seek medical attention promptly and follow all treatment plans.

• Document appointments, prescriptions, and therapy sessions.

• Communicate with healthcare providers about treatment decisions.

• Be open to light-duty or alternative work, if medically approved.

• Work closely with your attorney to navigate these issues and preserve your rights.

Being proactive and responsible during recovery helps maximize your compensation and deflect defense arguments about avoidable losses.

• Follow through on medical care.

• Document every step of your recovery.

• Make good-faith efforts to return to work, if appropriate.

• Consult your lawyer before refusing treatment or work offers.

Conclusion

The duty to mitigate is an important concept in personal injury law. It requires injured plaintiffs to act reasonably to reduce their losses after an accident. While it doesn’t prevent someone from filing a lawsuit, failure to mitigate can significantly reduce the damages recovered. By taking responsible steps during recovery and working with a skilled attorney, plaintiffs can protect their claim and improve their chances of full compensation.