3961. Duty To Mitigate Damages For Past Lost Earnings

3961. Duty to Mitigate Damages for Past Lost Earnings Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] is not entitled to recover damages for economic losses that [name of defendant] proves [name of plaintiff] could have avoided by returning to gainful employment as soon as it was reasonable for [him/her] to do so. To calculate the amount of damages you must: 1. 2. Determine the amount [name of plaintiff] would have earned from the job [he/she] held at the time [he/she] was injured; and Subtract the amount [name of plaintiff] earned or could have earned by returning to gainful employment. The resulting amount is [name of plaintiff]'s damages for past lost earnings. ________________________________________________________________________________ New September 2003; Revised December 2015