Texas PJC Malpractice 2022

PJC 80.5

P ERSONAL I NJURY D AMAGES

Code § 41.008(a). Additionally, broad-form submission of multiple elements of dam ages may lead to harmful error if there is a proper objection raising insufficiency of the evidence to support one or more of the elements submitted. Harris County , 96 S.W.3d 230. If there is any question about the sufficiency of the evidence to support one or more of the elements, the Committee recommends that the elements of damages be separately submitted to the jury as above. Broad-form submission of elements. For an example of a broad-form submis sion of damages elements, see PJC 80.3 comment, “Broad-form submission of ele ments.” Instruction not to reduce amounts because of plaintiff’s negligence. If the plaintiff’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 plaintiff’s negligence. Also, if an exclusionary instruction for failure to mitigate damages is required, this instruction should be modified. See PJC 80.8. Scope of comments to PJC 80.5. The comments to PJC 80.5 address only those issues particular to the submission of personal injury damages of a minor child. For additional issues that may arise with respect to the submission of personal injury dam ages generally, see PJC 80.3.

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