Texas Pattern Jury Charges: General Negligence, Intentional Personal Torts, & Workers' Compensation Page: 379

                                
SURVIVAL DAMAGES

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.

379

PJC 30.3