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Incidental Damages, Duty to Mitigate, the Collateral Source Rule

Incidental Damages, Duty to Mitigate, the Collateral Source Rule

This lesson will cover a plaintiff’s duty to mitigate compensatory damages, and the consequences for not doing so, as well as the collateral source rule.

Transcript

Another video addressed direct and consequential damages. This video will address incidental damages, a plaintiff’s duty to mitigate damages, and the collateral-source doctrine.

I. Incidental Damages

Incidental damages are another type of compensatory damages awarded to make a plaintiff whole, in addition to any direct and consequential damages. With rare exceptions, they are awarded only in breach-of-contract cases. They differ from direct and consequential damages in that they neither...