PJC Malpractice 2024

PJC 81.4

W RONGFUL D EATH D AMAGES

Broad-form submission of elements. For an example of a broad-form submis sion of damages elements, see PJC 81.3 comment, “Broad-form submission of ele ments.” Instruction not to reduce amounts because of decedent’s negligence. If the decedent’s negligence is also in question, the instruction not to reduce amounts because of the decedent’s negligence 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 decedent’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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