PJC General Negligence 2024

P ERSONAL I NJURY D AMAGES

PJC 28.5

7. Disfigurement that, in reasonable probability, Paul Payne, Jr. will sustain in the future. Answer: _______________ 8. Physical impairment sustained in the past. Answer: _______________ 9. Physical impairment that, in reasonable probability, Paul Payne, Jr. will sustain in the future. Answer: _______________ 10. Medical care expenses incurred in the past on behalf of Paul Payne, Jr. Answer: _______________ 11. Medical care expenses that, in reasonable probability, will be incurred on behalf of Paul Payne, Jr. in the future from the time of trial until Paul Payne, Jr. reaches the age of eighteen years. Answer: _______________ 12. Medical care expenses that, in reasonable probability, Paul Payne, Jr. will incur after he reaches the age of eighteen years. Answer: _______________ COMMENT When to use. PJC 28.5 should be used to submit questions on damages arising out of injuries to a minor child. The above question separately submits past and future damages so that prejudgment interest can be recovered on the past damages. See Tex. Fin. Code §304.1045. The “do not compensate twice” instruction is adapted from Golden Eagle Archery, Inc. v. Jackson , 116 S.W.3d 757, 770 (Tex. 2003). Notice of change to prior versions. This question differs from prior versions as well as from most other damages questions in that it does not ask the jury to determine the amount that would “compensate Paul Payne, Jr. for his injuries, if any.” Because PJC 28.5 includes elements of damages (e.g., loss of earning capacity and medical care expenses incurred before the age of majority) that reflect injuries to the minor, but that are not recoverable by the minor, the Committee felt that a revision was necessary to remove any reference to the person being compensated. Rather, a more accurate

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