The mitigation of damages refers to the legal obligation of a person who has suffered loss or injury due to another's negligence or breach of contract to take reasonable steps to reduce or minimize their damages. This means that individuals must actively seek opportunities to lessen their financial losses rather than allowing them to increase unnecessarily.
This term is commonly used in civil law, particularly in cases involving personal injury, contract disputes, and property damage. When individuals pursue claims for damages, courts often require them to demonstrate that they have made reasonable efforts to mitigate their losses. This could involve seeking medical treatment after an injury or finding new tenants after a lease breach. Users can utilize legal templates from US Legal Forms to help navigate these situations effectively.
Here are a couple of examples of abatement:
For instance, if a person is injured in an auto accident, they are expected to seek medical attention promptly to avoid further complications. If they neglect to do so and suffer additional health issues, the court may deny compensation for those subsequent problems.
In another example, if a tenant breaks a lease, the landlord is required to make reasonable efforts to re-rent the property. If the landlord fails to do so, they may not be able to recover the full amount of lost rent from the tenant.
Examples of state differences (not exhaustive):
| State | Mitigation Requirements |
|---|---|
| California | Requires reasonable efforts to mitigate damages in personal injury cases. |
| New York | Similar requirement; courts may limit damages based on failure to mitigate. |
| Texas | Emphasizes the duty to mitigate in both contract and tort cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Damages | Compensation awarded for loss or injury. | Mitigation focuses on reducing damages, while damages refer to the compensation itself. |
| Negligence | Failure to exercise reasonable care, resulting in harm. | Negligence is the cause of damages, while mitigation is the duty to limit those damages. |
If you find yourself in a situation where you may need to mitigate damages, consider taking the following steps:
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It means taking reasonable steps to reduce or minimize your losses after an injury or breach of contract.