What is Mitigation of Damages?

Mitigation of Damages is a legal concept that requires the harmed party to minimize the amount of their damages. As a harmed party, you have a responsibility to make sure your damages don’t become excessive.

A great example is after a car wreck if your car is moved to a storage lot and it’s drawing storage fees, you have a duty to minimize how much those ultimate storage fees are. You can’t let your car sit there for 2 months.

In dealing with insurance, you may be responsible for moving your car off the lot. If you let your car sit and fail to mitigate those damages, you may be responsible for the cost of storing the vehicle.

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