In most personal injury cases, plaintiffs seek recovery for pain and suffering and mental anguish. These damages have very distinct characteristics. Generally, pain and suffering, also referred to as physical pain, refers to physical sensations when injury has occurred to the body. Mental anguish refers to a state of mind including emotional pain, torment and suffering. Nevertheless, the Texas Pattern Jury Charge (“PJC”) lumps both of these damage elements together in a single blank for the jury to award one damage amount. Some judges adhere to the PJC questions religiously in submitting pain and suffering and mental anguish. Other judges believe this is an incorrect submission particularly in light of the Casteel line of cases handed down by the Texas Supreme Court. This article will explore whether it is correct to submit both of these damage elements together, whether there is any harm in doing so, and, from an appellate perspective, the most efficient way for a trial judge to submit these damage elements.
