PJC General Negligence 2024

S URVIVAL D AMAGES

PJC 30.3

PJC 30.3

Survival Damages—Compensatory Damages

QUESTION ______ What sum of money would have fairly and reasonably compensated Paul Payne for— 1. Pain and mental anguish. “Pain and mental anguish” means the conscious physical pain and emo tional pain, torment, and suffering experienced by Paul Payne before his death as a result of the occurrence in question. Answer in dollars and cents for damages, if any. Answer: _______________ 2. Medical expenses. “Medical expenses” means the reasonable expense of the necessary med ical and hospital care received by Paul Payne for treatment of injuries sus tained by him as a result of the occurrence in question. Answer in dollars and cents for damages, if any. Answer: _______________ 3. Funeral and burial expenses. “Funeral and burial expenses” means the reasonable amount of expenses for funeral and burial for Paul Payne reasonably suitable to his station in life. Answer in dollars and cents for damages, if any. Answer: _______________ Do not reduce the amount, if any, in your answers because of the negligence, if any, of Paul Payne . Any recovery will be determined by the court when it applies the law to your answers at the time of judgment. COMMENT When to use. PJC 30.3 submits the damages question for the decedent’s con scious pain and suffering, medical expenses, and/or funeral and burial expenses in a survival action brought under Tex. Civ. Prac. & Rem. Code §71.021. See Bedgood v.

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