What is the consequence if a plaintiff fails to mitigate damages?

When a plaintiff fails to mitigate damages, the primary consequence is that their recovery may be limited. In tort law, the principle of mitigation requires that a plaintiff take reasonable steps to reduce their losses after a harm occurs. If a plaintiff does not take appropriate measures to mitigate damages, the court may determine that the amount of damages they could have avoided will be subtracted from any award.

For example, if an individual suffers injuries in an accident but fails to seek medical treatment or does not follow a prescribed treatment plan, a court may find that they have not mitigated their damages. As a result, the damages awarded may be reduced to account for the losses that could have been avoided through reasonable actions.

This principle ensures that defendants are not held liable for losses that could have been prevented by the plaintiff's own actions. Thus, while the plaintiff retains the right to claim compensation, the total amount they can recover may be lessened if they did not act to mitigate their injury or loss as expected.