Texas PJC Malpractice 2022

P ERSONAL I NJURY D AMAGES

PJC 80.3

to support one or more of the elements, the Committee recommends that the elements of damages be separately submitted to the jury as above. 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). 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. Do not reduce the amounts, 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. Answer 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. Physical impairment. 5. Medical care expenses .

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