The 'Lectric Law Library's Lexicon On
* Mitigate Damages *

MITIGATE DAMAGES - Taking action to avoid or reduce damages.

A person who claims damages as a result of an alleged wrongful act on the part of another has a duty under the law to "mitigate" those damages; that is, to take advantage of any reasonable opportunity he may have had under the circumstances to reduce or minimize the loss or damage.

So, if a Plaintiff [within the limitations of any disability he may have sustained] fails to seek out or take advantage of a business or employment opportunity that was reasonably available to him under all the circumstances, then the amount of damages awarded may be reduced by the amount he could have reasonably realized if he had taken advantage of such opportunity.

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