PJC Malpractice 2024

PJC 80.3

P ERSONAL I NJURY D AMAGES

they may also be established based on evidence of the nature of the injuries incurred together with the reasonable value of the past medical treatment rendered and the plaintiff’s condition at trial. Tijerina , 979 S.W.2d at 781; see also Finley v. P.G. , 428 S.W.3d 229, 233 (Tex. App.—Houston [1st Dist.] 2014, no pet.); National Freight, Inc. v. Snyder , 191 S.W.3d 416, 426 (Tex. App.—Eastland 2006, no pet.). 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 immediately before the answer blanks 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 plaintiff’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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