PJC Malpractice 2024

PJC 81.3

W RONGFUL D EATH D AMAGES

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 80.8.

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