Definition - What does Mitigation mean?

Mitigation means to reduce in harshness or severity. Mitigation is used in several areas of law. For example, it is used when a judgment is being made about the nature of a crime. If the crime was committed for reasons that have some sort sympathetic quality to them, then this can mitigate the sentence. Also, in tort law, attempts to mitigate losses caused by another are necessary before an injured party has a case to claim full damages.

Justipedia explains Mitigation

An example of a crime where the sentence may be mitigated is if a man stole a bunch of diapers in order to provide for his baby. In this case, the judge and jury may be less harsh on the defendant. However, he or she has still committed a crime and will still face punishment if found guilty. The punishment may just be slightly less severe.

Another example of mitigation in use would be if a person is injured by another person by accident and the victim's body was injured. In order to claim full damages from the injury, the victim must have made an effort to mitigate the consequences of the injury. In other words, if the victim sustained cuts that required stitches, he or she could not simply leave the cuts untreated and allowed his or her body to sustain further injuries in order to claim more damages.

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