3.4-8 Damages - Duty to Mitigate (or Minimize)
New March 25, 2011
You should also consider what efforts the plaintiff took to minimize the effects of (his/her) injury.
One who has been injured by the negligence of another must use reasonable care, such as following doctorís instructions regarding the treatment
of (his/her) injuries, to promote recovery and prevent any aggravation or increase of the injury. The plaintiff is not entitled to be compensated
for any injury or aggravation of injury caused by (his/her) failure to minimize damages. Thus, you should reduce the damages awarded to the plaintiff
to the extent you find that the plaintiff made (his/her) condition worse by not taking reasonable care to promote (his/her) recovery or prevent any
aggravation or increase of the injury. It is the defendantís burden to prove by a preponderance of the evidence that the plaintiff has failed to
minimize (his/her) damages.