PJC Malpractice 2024

PJC 84.6

E CONOMIC D AMAGES

Prejudgment interest. Instructing the jury not to add interest is suggested because prejudgment interest, if recoverable, will be calculated by the court at the time of judgment. If interest paid on an obligation is claimed as an element of damages, it may be necessary to modify the instruction on interest. “Prejudgment interest may not be assessed or recovered on an award of future damages.” Tex. Fin. Code §304.1045 (wrongful death, personal injury, or property damage cases); see also Cavnar v. Qual ity Control Parking, Inc. , 696 S.W.2d 549, 555–56 (Tex. 1985), abrogated by Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc. , 962 S.W.2d 507 (Tex. 1998) (other types of cases). Therefore, separation of past and future damages is required.

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