PJC Malpractice 2024

PJC 82.3

S URVIVAL D AMAGES

Answer in dollars and cents for damages, if any. Answer: _______________

Instruction not to reduce amounts because of decedent’s negligence. If the decedent’s negligence is also in question, the exclusionary instruction given in this PJC 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. Prejudgment interest. Prejudgment interest is recoverable on survival damages. Tex. Fin. Code § 304.102.

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