Posts Tagged ‘ mitigating

The Importance of Mitigation: Don’t be the Author of Your Own Misfortune


In the case of Ksiazek v. Newport Leasing Ltd., the Plaintiff was sitting in the passenger seat of her friend’s car about to make a left hand turn. Suddenly and with little warning, a pick up truck coming from the opposite direction abruptly turned into the front of the Plaintiff’s car.  The Plaintiff suffered several injuries including two fractured fingers, which required the insertion of pins accompanied by a cast. She also suffered lower back pain, a fractured sternum, soft tissue injuries, and depression amongst several other injuries. The Defendant admitted fault.

At trial, a substantial portion of the Plaintiff’s claim was for compensation relating to Past Income Loss and for Pain and Suffering.

The court awarded the Plaintiff compensation for each of these. However, the court noted the Plaintiff’s failure to mitigate her losses.  As such, it awarded her 25% less than what she would have been entitled to. Read more

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