PJC General Negligence 2024

P ERSONAL I NJURY D AMAGES

PJC 28.3

Community property. Separate answers may also be required if someone other than the injured party is entitled to part of the recovery. For example, certain elements of personal injury damages are community property. Tex. Fam. Code §3.001(3); see also Graham v. Franco , 488 S.W.2d 390 (Tex. 1972). Exemplary damages. If exemplary damages are sought, economic damages must be determined separately from the amount of other damages. See Tex. Civ. Prac. & Rem. Code §41.008(a). “Economic damages” means “compensatory damages intended to compensate a claimant for actual economic or pecuniary loss.” Tex. Civ. Prac. & Rem. Code §41.001(4). Economic damages as used in the formula to cap exemplary damages in Tex. Civ. Prac. & Rem. Code §41.008(b) include “existing in fact, real monetary losses like lost wages, the cost to obtain services that another previ ously provided for free or at a lower cost, or that the defendant’s misconduct com pelled the claimant to seek out.” Goodyear Tire & Rubber Co. v. Rogers , 538 S.W.3d 637, 652 (Tex. App.—Dallas 2017, pet. denied). For actions accruing on or after Sep tember 1, 1995, and filed before September 1, 2003, if exemplary damages are sought in addition to compensatory damages, it is necessary to obtain separate answers for economic and noneconomic damages. Broad-form submission of elements. Where separate answers are not required, the following broad-form submission may be appropriate. QUESTION ______ What sum of money, if paid now in cash, would fairly and reason ably compensate Paul Payne for his injuries, if any, that resulted from the occurrence in question? Consider the elements of damages listed below and none other. Consider each element separately. Do not award any sum of money on any element if you have otherwise, under some other element, awarded a sum of money for the same loss. That is, do not compen sate twice for the same loss, if any. Do not include interest on any amount of damages you find. 1. Physical pain and mental anguish. 2. Loss of earning capacity. 3. Disfigurement.

4. Physical impairment. 5. Medical care expenses .

Do not reduce the amounts, if any, in your answers because of the negligence, if any, of Paul Payne . Any recovery will be determined

401