Legal Definitions - mitigate

Mitigate

To mitigate means to take action to reduce the severity, impact, or extent of harm, loss, or negative consequences. In a legal context, it often refers to the responsibility of a party to minimize their own damages or losses after an injury or breach has occurred, or to reduce the potential for future harm.

Here are some examples:

• Example 1: Contract Breach

  A software development company hires a contractor to build a specific module for a new application. The contractor breaches the agreement by failing to deliver the module on time and to the agreed specifications. To mitigate its losses, the software company immediately hires another contractor, albeit at a slightly higher cost, to complete the module quickly so they can still launch their application close to the original schedule.

  Explanation: By promptly finding a replacement contractor, the software company is taking steps to reduce the financial damage (e.g., lost revenue from a delayed launch, potential penalties from clients) that would have been much greater if they had simply waited or abandoned the project.

• Example 2: Personal Injury Claim

  After being involved in a car accident caused by another driver's negligence, a person suffers a whiplash injury. To mitigate their damages, the injured person promptly seeks medical attention, follows their doctor's recommendations for physical therapy, and avoids activities that could worsen their condition.

  Explanation: By actively pursuing appropriate medical treatment and adhering to care instructions, the injured person is fulfilling their legal duty to prevent their injuries from becoming more severe or prolonged, thereby reducing the overall extent of their claim for medical expenses and pain and suffering.