P has a duty to take reasonable steps to mitigate damages. In a personal injury claim, that means the P must seek appropriate
treatment to effect a cure or healing and to prevent aggravation.
Failure to Mitigate Rule (with regard to permanent injuries): P cannot claim damages for a permanent injury if the permanency
of the injury could have been avoided by submitting to treatment, including surgery, if a reasonable person would do so
under the same circumstances.
Stated more broadly, P cannot recover for damages that P could have avoided if P had acted reasonably; P contributes to his
Test: What would a reasonable person do under the same circumstances?
When considering if P failed to mitigate damages by not having surgery, consider what an ordinary prudent person would do.
Factors to consider: