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What does ‘mitigation of damages’ mean?

November 17, 2025 / Categories:

Under the mitigation of damages doctrine, a person who has suffered an injury or loss should take reasonable action, where possible, to avoid additional injury or loss. The failure of a plaintiff to take protective steps after suffering an injury or loss can reduce the amount of the plaintiff’s recovery. A tort victim (wronged person) […]

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What do we need to prove during mediation?

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A. Pain and suffering and loss of enjoyment of life: Damages are awarded for Pain and Suffering.  You will need to describe the injuries you suffered and the changes that resulted in your life. You need to be able to describe the pain that you have felt. B. Economic Loss Damages: Vocational: Has this accident […]

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How will I communicate with your office?

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We utilize a team approach in the office, and many tasks are delegated down the line. Often, lawyers are out of the office for extended periods of time. We have an extremely competent staff who can answer most questions you may have. If your question is not something our staff can deal with, then you […]

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Can we end the contingency fee agreement after it is signed?

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You have the right to end the agreement at any time. Your lawyer or paralegal can also end the agreement, but only in certain circumstances. These include when: You tell them to do something that goes against their professional duty You lie to them You refuse to accept their advice on an important point You […]

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How can I compare the contingency fees lawyers and paralegals are offering?

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It is best to compare the contingency fees that lawyers and paralegals are offering before you sign any agreement. Lawyers and paralegals have to post the maximum contingency fee they charge on their websites or tell you when you contact them. Many lawyers and paralegals offer a free consultation before taking on your case to […]

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How do legal professionals set contingency fees?

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The lawyer or paralegal usually sets a percentage of the award or settlement as the contingency fee. The percentage also applies to any amount you receive for costs, but it does not apply to any amount you receive specifically to help you pay for disbursements. The percentage can be higher or lower based on several […]

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What are the other legal expenses besides fees?

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The fees you pay to a lawyer or paralegal usually only cover the cost of the time they spend working on your case. There are two other important types of legal expenses: disbursements and costs. Disbursements These are expenses that your lawyer or paralegal pays on your behalf to third parties for items and services […]

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What are the advantages and disadvantages of contingency fees?

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There are two advantages to having a contingency fee agreement. First, you don’t pay fees for legal services up front. Second, if you lose your case, you will not have to pay legal fees to your own lawyer or paralegal. There are also possible disadvantages. If you settle or win your case early in the […]

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What is a contingency fee?

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When you have a legal matter, you may need to hire a lawyer or a paralegal. If you think you could receive money for your matter, you may be able to pay for their services on a contingency basis. That means you only pay legal fees if you receive money because you win your case […]

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