PJC General Negligence 2024

PJC 29.3

W RONGFUL D EATH D AMAGES

damages, are separate, and, in awarding damages for one element, you shall not include damages for the other. Answer, with respect to the elements listed above, in dollars and cents for damages, if any, that— were sustained in the past; Answer: _______________ in reasonable probability will be sustained in the future. Answer: _______________ 4. Loss of inheritance. “Loss of inheritance” means the loss of the present value of the assets that the deceased, in reasonable probability, would have added to the estate and left at natural death to Mary Payne . 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 immediately before the elements of damages 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 28.9.

440