Texas Non-Economic Damages Case Law: Pain & Suffering, Mental Anguish (Parkway), Impairment & Disfigurement
Summary of the Texas Rule (Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003); Parkway Co. v. Woodruff, 901 S.W.2d 434 (Tex. 1995))
Synthesizes the Supreme Court of Texas's evidentiary standards for the four distinct categories of personal injury non-economic damages submitted on a Texas Pattern Jury Charge (PJC 28.3) verdict form.
Statutory Text Summary & Legal Mechanics
Under the Texas Pattern Jury Charges (PJC 28.3) and Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003), a Texas personal injury plaintiff may recover past and future damages across four separate non-economic elements: (1) Physical Pain; (2) Mental Anguish; (3) Physical Impairment; and (4) Disfigurement.
Practical Impact on Texas Personal Injury Claims & Jury Trials
In Parkway Co. v. Woodruff, 901 S.W.2d 434 (Tex. 1995) andGregory v. Chohan, 670 S.W.3d 546 (Tex. 2023), the Texas Supreme Court held that: (1) to recover for Mental Anguish, a plaintiff must present direct evidence of the nature, duration, and severity of their mental anguish establishing a 'substantial disruption in the plaintiffs' daily routine' or 'a high degree of mental pain and distress' that is more than mere worry, anxiety, or embarrassment; and (2) under Gregory v. Chohan (2023), counsel may NOT use 'unsubstantiated anchoring' (such as comparing a human life to the price of a fighter jet or professional athlete's contract) to justify a non-economic damages number, and must provide a rational evidentiary basis for the amount requested!
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