Mitigation of Damages: A Duty to Lessen Harm

Author: Lindsay A. Compton

Date: January 5, 2026

Mitigation of Damages: A Duty to Lessen Harm

When someone is harmed by another’s conduct, the law provides a civil remedy. But filing a lawsuit does not mean the plaintiff is entitled to a windfall. One of the most important—and often misunderstood—principles in civil litigation is mitigation of damages.

Simply put, a plaintiff has a responsibility to take reasonable steps to minimize their losses after harm occurs.


What Does “Mitigation of Damages” Mean?
Mitigation of damages refers to a plaintiff’s duty to act reasonably to reduce the financial impact of an injury, breach of contract, or wrongful act. While a defendant may be responsible for causing the harm, the plaintiff cannot recover damages that could have been avoided through reasonable efforts.

Courts do not expect perfection. They expect reasonable behavior under the circumstances.

You Can Be Harmed—and Still Have Responsibilities
A plaintiff may be entirely in the right and still lose recoverable damages if they fail to mitigate. The law recognizes compensation, not punishment or profit. That means damages are meant to make the plaintiff whole, not better off than before the harm occurred.

Every area of the law recognizes the responsibility of a party to take reasonable action to avoid further damages. Some examples are as follows:

Contract Dispute Example:
If a contractor breaches an agreement to supply materials, the injured party cannot simply do nothing and let losses pile up. Instead, the plaintiff may be expected to seek a replacement supplier at a reasonable cost. If a substitute is available and the plaintiff refuses to act, the defendant may not be responsible for avoidable losses.

The key question is whether the plaintiff acted reasonably, not whether they chose the cheapest or most convenient option.

Employment Discrimination and Wrongful Termination Example:
If an employee is wrongfully terminated or subjected to unlawful discrimination, they are generally expected to make reasonable efforts to find comparable employment. That does not mean accepting any job at any wage, but it does mean pursuing similar positions consistent with experience, pay range, and qualifications.

Failure to search for work, or rejecting reasonable offers, can significantly reduce recoverable damages such as back pay.

Car Accident Example:
If someone is injured in a collision, they are expected to seek appropriate medical care and follow reasonable treatment recommendations. Ignoring medical advice, delaying treatment, or engaging in activities that worsen injuries may allow the defense to argue that some damages were avoidable.

This does not require extreme measures, but it does require common sense and reasonable actions.

Practical Tips for Plaintiffs
If you believe you have been harmed and may pursue a civil action, consider these general principles:

• Act promptly and reasonably after the harm occurs;

• Document efforts to reduce losses;

• Collects documents that evidence your efforts to reduce losses;

• Seek and follow professional advice, including medical or financial guidance;

• Avoid decisions that unnecessarily increase damages; and

• Consult legal counsel early to understand your obligations.

The specifics of how this applies to you will depend on the wrong was committed against you. The legal principle of mitigation is not about blaming the victim.  It is about encouraging all parties to act in a fair and responsible manner. Another person’s actions will not absolve you of this responsibility. It is the  old proverb “two wrongs don’t make a right” acting out in our justice system. 

Why Legal Advice Matters Early
Mitigation issues often arise months or even years after an incident, when a case is already underway. At that point, missed opportunities to reduce damages cannot always be undone. While it is never too late to mitigate damages, early legal guidance can help protect a claim and prevent avoidable reductions in recovery.

Contact Compton Law, P.A.
If you have been harmed and are considering a civil lawsuit—or if mitigation issues may affect your case—Compton Law, P.A. can help you understand your rights and responsibilities. Thoughtful legal advice at the outset can make a meaningful difference in the outcome of your case. Contact Compton Law, P.A. to discuss your situation and get guidance tailored to your circumstances.