PJC Malpractice 2024

PJC 84.3

E CONOMIC D AMAGES

legal malpractice case and PJC 84.5 for sample instructions in an accounting malprac tice case. Instruction not to reduce amounts because of plaintiff’s negligence. If the plaintiff’s negligence is also in question, the exclusionary instruction given in this PJC that begins “Do not reduce . . .” is proper. See Tex. Civ. Prac. & Rem. Code §33.001; Tex. R. Civ. P. 277. This instruction should be omitted if there is no claim of the plain tiff’s negligence. Also, if an exclusionary instruction for failure to mitigate damages is required, this instruction should be modified. See PJC 80.8.

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