What is a: 'Duty to Mitigate Your Loss?'
What is a: ‘Duty to Mitigate Your Loss’?
When an injured person pursues a claim for personal injuries in Queensland, they have a legal obligation known as the duty to mitigate your loss.
Reasonable Steps
The duty to mitigate your loss requires an injured person to take reasonable steps to reduce the financial impact and consequences of their injury.
An injured person is only required to do what is reasonable in the circumstances.
Examples of reasonable steps that should be taken to mitigate loss include:
- Seeking appropriate medical treatment in a timely manner.
- Following the advice of medical practitioners and treatment providers.
- Returning to suitable employment in line with medical advice.
- Engaging in re-training or seeking alternative employment if you are unable to return to your original job.
What if I don’t take reasonable steps to mitigate my loss?
If an injured person does not take steps to mitigate their loss, the compensation they are entitled to receive may be reduced.
The Court will assess each claim on its specific facts with reference to what is reasonable in the circumstances.
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