Section 18 Mitigation of Pain and Suffering

• Library: Damages 2012

Both physical pain and emotional trauma, if treated promptly and correctly, can be substantially diminished. An injured party cannot sit back and do nothing to minimize pain and then expect to be compensated in total. The injured party is under a duty to mitigate damages. Four rules that apply to the issue of mitigation are as follows:

1. One who suffers injuries is bound to exercise reasonable care in seeking and accepting medical aid. If the injuries are aggravated because of the injured person’s neglect, recovery will not be permitted for the injuries and suffering that might have been prevented by reasonable efforts on the injured person’s own part. See Stipp v. Tsutomi Karasawa, 318 S.W.2d 172, 175–76 (Mo. 1958).

2. In determining whether the injured person acted reasonably in minimizing damages, the person...