roupYou will likely hear plenty of legal terms thrown around during a personal injury or civil litigation case. A perfect example is the principle known as mitigating damages. If this is your first time hearing this term, do not worry. It catches plenty of our clients off guard, especially victims who do not realize they also have responsibilities to fulfill if they intend to achieve the best possible outcome for their case.
This is not to suggest you, as the victim, are suddenly at fault for what happened. Quite the contrary—you deserve justice. That said, it is easy to be lulled into a false sense of security if you are not the one who caused the dispute or injury.
Mitigating Damages — Defined
When we say mitigating damages, we mean taking reasonable, proactive steps to limit injuries and losses after an accident or during a dispute. Texas law states that an injured party is not expected to take every possible step post-accident to lessen damages, especially if the steps are inconvenient or expensive. That said, they must do what is reasonable under the circumstances.
For instance, let us assume you were hit by a car.
Mitigating damages in this situation might include seeking reasonable medical care after the accident, following doctor’s orders for recovery, securing damaged property from additional damage, and not performing activities that would directly aggravate injuries.
In another example, imagine you were wrongfully terminated from your job.
Mitigating damages in this situation might include seeking employment opportunities.
Contract disputes are another area where mitigating damages is important. For instance, if a supplier fails to deliver goods per the contract, you should seek an alternative source rather than halt all production and claim massive losses.
Does the Mitigating Damages Defense Really Work?
It is difficult to imagine that someone who is at fault for causing you pain, lost money, etc., could flip the table to avoid or lessen how much they have to pay you. But it happens all the time. Why?
- Fairness: Mitigating damages ensures that the party at fault is not unfairly penalized. It promotes a balanced approach in which both parties share responsibility; the party at fault is responsible for the damages but not those that the other party could reasonable reduce.
- Encouragement of Responsible Behavior: Mitigating damages encourages all parties to act prudently and responsibly in the face of adversity rather than allowing the situation to worsen.
- Economic Efficiency: Reducing the extent of damages minimizes the cost to society, the legal system, and the parties involved.
Therefore, failure to mitigate damages is absolutely an affirmative defense in a Texas personal injury claim or civil litigation matter. If the defendant can provide evidence to support these claims, you will have a chance to refute the claim.
If you cannot, the Court or jury could reduce your damages.
Call Nelson Law Group today!!
Nelson Law Group, PC brings over three decades of experience to each personal injury and civil litigation case we handle. We have extensive bench and jury trial experience arising from various causes, resulting in multiple injuries. At Nelson Law Group, we will devise a comprehensive strategy based on our years of experience, intuitive legal skills, and the desired outcome of your case. We will be available to answer your questions or respond to your concerns as they come up.
If you have been injured in an accident and feel someone else is at fault for another legal matter, contact us today to discuss your situation and gain the information you need to know to make good decisions moving forward. Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today! For more information about Brett A Nelson, click here.