CA · jury_instructions
CACI No. 3962
Duty to Mitigate Damages for Future Lost Earnings
[Name of plaintiff] is not entitled to recover damages for future economic
losses that [name of defendant] proves [name of plaintiff] will be able to
avoid by returning to gainful employment as soon as it is reasonable for
[him/her/nonbinary pronoun] to do so.
If you decide that [name of plaintiff] will be able to return to work, then
you must not award [him/her/ nonbinary pronoun] any damages for the
amount [he/she/ nonbinary pronoun] will be able to earn from future
gainful employment. To calculate the amount of damages you must:
1. Determine the amount [name of plaintiff] would have earned from
the job [he/she/ nonbinary pronoun] held at the time
[he/she/nonbinary pronoun] was injured; and
2. Subtract the amount [name of plaintiff] is reasonably able to earn
from alternate employment.
The resulting amount is [name of plaintiff]’s damages for future lost
earnings.
New September 2003
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
b973ceb6bb87e58f000f57bcdf58e55fa4b00f9ba0513782ecf36cae321c9dd5
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