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3.6-12 Need for Actual Injury
Revised to January 1, 2008
Note: This charge may be used
when there is a contest over whether the plaintiff suffered any injury. It may
be given during the explanation of the negligence cause of action or during the
explanation of damages.
In order to recover money damages, the
plaintiff must prove that (he/she) suffered an actual injury. That injury can
be any one or more of the types about which I will instruct you in the damages
portion of my charge. Unless the plaintiff proves an actual injury caused by
the defendant's negligence, you cannot find for the plaintiff and award
damages.
Authority
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