Mitigation of damages
Mitigation of damages is a contract law concept requiring a victim in a contract dispute to minimize the damages. The damages resulting from a breach of the contract.
Texas Civil Practice & Remedies Code – Section §147.123
In other words, the victim is legally obligated to act in a manner that will mitigate both the effects of their losses. Furthermore, even if the victim suffers emotional injury through no fault of their own, they should take reasonable steps to avoid further loss and minimize the injury’s consequences. As such, the mitigation of damages law is outlined in the Texas Civil Practice & Remedies Code – Section §147.123, which provides:
Mitigation of Damages
(a) In an action to which Chapter 33 (Proportionate Responsibility) applies, the Court shall instruct the finder of fact regarding the determination of responsibility.
According to Section §33.003 (Determination of Percentage of Responsibility) using the appropriate approved pattern jury charge which the Court may modify as appropriate to the circumstances.
(b) In all actions not governed by Subsection (a), the Court shall instruct the finder of fact regarding a claimant’s duty to mitigate or avoid damages in a manner appropriate to the action using the reasonable approved pattern jury charge, which the Court may modify as appropriate to the circumstances.
The Court of Appeals of Texas, Second District, in Fort Worth, stated in Cotton.
The Court of Appeals of Texas, Second District, in Fort Worth, stated in Cotton, “The mitigation of damages doctrine requires the injured party to exercise reasonable care. The party asserting failure to mitigate has the burden of proving facts showing a lack of mitigation. It must also show the amount the damages were increased by failure to mitigate.” Cotten v. Weatherford Bancshares, Inc., 187 S.W.3d 687, 708 (Tex. App. 2006).
If you have any questions about Personal Injury Claims or Mitigation, call Houston Injury Lawyers, PLLC, our firm focuses the entirety of our time. And expertise in representing those who have suffered a personal injury and helping our clients recover. Physical, emotional, and financial recovery – from their injuries. We allow our clients to tip the balance of justice in their favor through our years of experience and devotion to our clients. Our care and preparation are core principles and keys to our success.
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