By: Rudman Winchell Attorney Blair A. Jones If you are bringing a lawsuit to recover damages resulting from someone else’s negligence, you have an obligation to mitigate your damages. This means that you must take reasonable steps to ensure your damages are limited to least amount possible under the circumstances. In personal injury cases, this means you have to take reasonable steps to recover from your injuries, to return to work when feasible, and take other reasonable steps to limit your damages, where possible. The failure to do so can limit your damages, significantly. A plaintiff’s duty to mitigate damages arises after he or she has suffered an injury or loss, and focuses on whether the plaintiff took reasonable steps to avoid or reduce damages that were proximately caused by the negligence of the defendant. See Walter, 2000 ME 63, ¶ 27 n. 7, 748 A.2d at 971; Horton & McGehee, Maine Civil Remedies § 4-3(d)(1) n. 77 at 69 (4th ed.2004). Searles v. Fleetwood Homes of Pennsylvania, 878 A.2d 509 at 521 (Me. 2005). The doctrine of mitigation…Read More
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