During the pendency of a claim or lawsuit, an injured party also has a duty, a duty to mitigate his or her damages. The scope of this duty varies from case to case but, generally, as set out by the Louisiana Supreme Court, a party is not required to take actions which would likely prove unduly costly or burdensome. MB Industries, LLC v. CNA Insurance Company, 2011-0303 (La. 10/25/11), 74 So.3d at 1181.
A Louisiana Court will use the “reasonably prudent man” standard in evaluating whether and what the party should have done to lessen his damages, given the facts known at the time and avoiding the temptation of viewing the case through hindsight. Brassette v. Exnicios, 2011-1439 (La.App. 1 Cir. 5/14/12).
Mitigation of damages becomes especially relevant and controversial in major bodily injury cases, where a fine line exists between reasonable and unreasonable medical costs. As a practical matter, all parties should strive to reduce their damages, both the monetary damages and physical injuries themselves, during the pendency of the suit.
If you or a loved one has been hurt in an accident, learn about your legal rights from an experienced New Orleans trial attorney by filling out our free, no obligation case review form located on this website.
Other Personal Injury News
The Louisiana Legislature has passed a ban on kratom. Despite divided opinions, SB154 passed with bipartisan support, reflecting rising concern over kratom’s growing toll on Louisiana residents.
For burn injury survivors finding a support system can transform despair and hopelessness into a brighter future. Non-profit organizations like the Phoenix Society can provide emotional, educational, and community support.
As more local governments in Louisiana and throughout the country realize the dangers of kratom, officials are moving to regulate its use or even ban it altogether.
Wildfires can have long-lasting effects on survivors' physical and emotional health, but there are resources that can help.
Those who have lost loved ones to kratom-related fatalities are filing kratom lawsuits against manufacturers and retailers, claiming they failed to warn consumers of the risks.
A burn injury can be life-changing and finding support through groups such as the American Burn Association can be a tremendous help.
