Mitigation of Damages
Definition
Your legal obligation to take reasonable steps to minimize your losses after an accident, such as seeking medical treatment and following doctor's orders.
Real-World MVA Example
The insurance company argues your injuries worsened because you skipped 3 months of physical therapy. They reduce your payout, claiming you failed to mitigate your damages.
Related Terms in Legal Process
Class Action
A lawsuit where a group of people with similar injuries or claims sue a defendant together as a single case, rather than filing individual lawsuits.
Defendant
The person or entity being sued in a lawsuit. In a car accident case, this is typically the at-fault driver, but can also include their employer or a vehicle manufacturer.
Deposition
Sworn, out-of-court testimony where attorneys ask you questions and your answers are recorded by a court reporter. It happens before trial during the discovery phase.
Discovery
The pre-trial phase where both sides exchange information, documents, and evidence related to the case. This is how your attorney builds the strongest case possible.
Interrogatories
Written questions sent by one side to the other during the discovery phase of a lawsuit. You must answer them under oath within a set deadline.
Mass Tort
A type of legal action where many individuals who were harmed by the same product or action file individual lawsuits that are coordinated together for efficiency.
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