PJC Malpractice 2024

PJC 80.3

P ERSONAL I NJURY D AMAGES

Answer: _______________ 6. Disfigurement that, in reasonable probability, Paul Payne will sus tain in the future. Answer: _______________ 7. Physical impairment sustained in the past. Answer: _______________ 8. Physical impairment that, in reasonable probability, Paul Payne will sustain in the future. Answer: _______________ 9. Medical care expenses in the past. Answer: _______________ 10. Medical care expenses that, in reasonable probability, Paul Payne will incur in the future. Answer: _______________ COMMENT When to use. PJC 80.3 is the basic general damages question to be used in the usual personal injury case. The above question separately submits past and future damages so that prejudgment interest can be recovered on the past damages. See Tex. Fin. Code §304.1045. The “do not compensate twice” instruction is adapted from Golden Eagle Archery, Inc. v. Jackson , 116 S.W.3d 757, 770 (Tex. 2003). Use of “injury” or “occurrence.” See PJC 51.1, 61.1, 66.1, and 71.1. The term used in PJC 80.3 should match that used in the liability questions. Separate answer for each element. Separate submission of the damages ele ments may be called for in the following instances. Insufficient evidence. Broad-form submission of multiple elements of damages may lead to harmful error if there is a proper objection raising insufficiency of the evi dence to support one or more of the elements submitted. Harris County v. Smith , 96 S.W.3d 230 (Tex. 2002). If there is any question about the sufficiency of the evidence to support one or more of the elements, the Committee recommends that the elements of damages be separately submitted to the jury as above.

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