Failure to Mitigate Damages in Personal Injury Cases
Even when a personal injury case results in a settlement or verdict, there are a number of factors could impact the plaintiff’s net recovery. One factor is whether the plaintiff has mitigated their damages, or taken reasonable steps to minimize the losses arising from their accident. When Might a Dispute Arise over the Mitigation of Damages? The defense might contend that the plaintiff has failed to mitigate damages if: 1. The Medical Evaluation Was Delayed Many people will do their … [Read more...]