Duty to Mitigate Damages: Obligation to Minimize Harm
Victims of personal injury are obligated to take reasonable steps to mitigate damages (Article 6:96(2) of the Dutch Civil Code). Non-compliance may result in contributory negligence, reducing compensation. This principle encourages recovery and prevents unnecessary costs.
When Does This Apply?
Examples include attending physiotherapy, resuming work, and following medical advice. Reasonableness is key; impossible demands are not considered.
Consequences of Non-Compliance
| Violation | Typical Consequence |
|---|---|
| Skipping rehabilitation | 20-40% reduction in compensation |
| Refusal to work | Loss of income not compensated |
| Ignoring medical advice | Full aggravation at own risk |
Practical Advice
Document everything: doctor visits, therapy reports. In case of dispute: obtain an expert report. Case law (ECLI:NL:GHDHA:2022:789) underscores that minor efforts often suffice.