If you’re entering into compensation claim proceeding, you will probably be asked about mitigating loss. This is an important legal standard which is particularly relevant to Civil Litigation, Personal Injury, and Medical Negligence claims.
What is mitigated loss?
To mitigate means ‘to make something less harmful, unpleasant, or bad’. Mitigated loss is therefore the concept that if you fall victim to something, you should want to minimise the damage caused to you. If you have demonstrated no effort to minimise your suffering, it may bring to question how much compensation you deserve.
Why is it important?
Mitigated loss is important because it takes into account your actions when awarding compensation. A judge will review to what extent you have suffered a loss, and if you have taken reasonable actions to minimise that loss. You also have to take reasonable steps not to increase that loss.