What Are the Separate Line Items of Damages on a Texas Personal Injury Jury Verdict Form? (PJC 28.3)
Direct Answer Under Texas Law
Unlike states that give the jury a single blank line for 'general damages,' Texas Pattern Jury Charge PJC 28.3 divides personal injury compensatory damages into up to 10 separate Past and Future line items: (1) Physical Pain and Mental Anguish sustained in the past; (2) Physical Pain and Mental Anguish in the future; (3) Loss of Earning Capacity in the past (§ 18.091); (4) Loss of Earning Capacity in the future; (5) Disfigurement in the past; (6) Disfigurement in the future; (7) Physical Impairment in the past; (8) Physical Impairment in the future; (9) Medical Care Expenses actually paid or incurred in the past (§ 41.0105); and (10) Medical Care Expenses in the future!
Critical Texas Procedural Trap to Watch Out For
Under Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003), jurors are instructed not to award damages twice for the same loss, so plaintiffs must present distinct evidence for 'Physical Impairment' (loss of physical function/activities like lifting a child or playing sports) separate from 'Physical Pain' and 'Disfigurement' (scars, limping, surgical incisions, or amputations).
Recommended Action Plan for Texas Claimants
Build separate evidentiary proof for all 10 line items on PJC 28.3 so every blank on the Texas verdict form is supported by legally sufficient evidence.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code § 41.001; Texas Pattern Jury Charge PJC 28.3 and controlling Texas appellate precedent in Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code § 41.001; Texas Pattern Jury Charge PJC 28.3 and how Texas courts apply Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003) in your county's appellate district.
- Beware of the Texas Procedural Trap: Under Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003), jurors are instructed not to award damages twice for the same loss, so plaintiffs must present distinct evidence for 'Physical Impairment' (loss of physical function/activities like lifting a child or playing sports) separate from 'Physical Pain' and 'Disfigurement' (scars, limping, surgical incisions, or amputations).
- Execute the Texas Action Plan: Build separate evidentiary proof for all 10 line items on PJC 28.3 so every blank on the Texas verdict form is supported by legally sufficient evidence.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Are the Separate Line Items of Damages on a Texas Personal Injury Jury Verdict Form? (PJC 28.3)
Unlike states that give the jury a single blank line for 'general damages,' Texas Pattern Jury Charge PJC 28.3 divides personal injury compensatory damages into up to 10 separate Past and Future line items: (1) Physical Pain and Mental Anguish sustained in the past; (2) Physical Pain and Mental Anguish in the future; (3) Loss of Earning Capacity in the past (§ 18.091); (4) Loss of Earning Capacity in the future; (5) Disfigurement in the past; (6) Disfigurement in the future; (7) Physical Impairment in the past; (8) Physical Impairment in the future; (9) Medical Care Expenses actually paid or incurred in the past (§ 41.0105); and (10) Medical Care Expenses in the future! Key Texas Trap to Avoid: Under Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003), jurors are instructed not to award damages twice for the same loss, so plaintiffs must present distinct evidence for 'Physical Impairment' (loss of physical function/activities like lifting a child or playing sports) separate from 'Physical Pain' and 'Disfigurement' (scars, limping, surgical incisions, or amputations).
What Texas statute and Supreme Court / appellate precedent control damages line items on a texas verdict form?
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code § 41.001; Texas Pattern Jury Charge PJC 28.3 and the legal standards articulated in Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003). Recommended step: Build separate evidentiary proof for all 10 line items on PJC 28.3 so every blank on the Texas verdict form is supported by legally sufficient evidence.
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