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If, under the court's instructions, you find that [a] plaintiff is entitled to a verdict against defendant[s], you must then award [such] plaintiff damages [, economic and non-economic,] in an amount that will reasonably compensate for each of the following elements of claimed [injury] [damage] [loss] [or] [harm] [subject to being reduced, as you will be instructed, if you should find that the plaintiff was contributorily negligent], provided that you find that such harm or loss was [or will be] suffered by plaintiff and was [or will be] caused by the act or omission upon which you base your finding of liability.
[The term economic damages means [objectively verifiable] monetary losses including [medical expenses,] [loss of earnings,] [burial costs,] [loss of use of property,] [costs of [repair] [or] [replacement,]] [costs of obtaining substitute domestic services,] [loss of employment] [and] [loss of business or employment opportunities.]
[The term non-economic damages means [subjective,] non-monetary losses including, but not limited to [pain, suffering, inconvenience, mental suffering, emotional distress,] [loss of society and companionship,] [loss of consortium,] [humiliation] [and injury to reputation].]
The amount of such award [including economic and non-economic damages] shall include: | TOP |
The defendant[s] having admitted liability, you must award plaintiff damages [, economic and non-economic,] in an amount that will reasonably compensate for each of the following elements of claimed loss or harm, provided that you find it was [or will be] suffered by plaintiff and was [or will be] caused by defendant's [conduct] [defective product].
[The term economic damages means [objectively verifiable] monetary losses including [medical expenses,] [loss of earnings,] [burial costs,] [loss of use of property,] [costs of [repair] [or] [replacement,]] [costs of obtaining substitute domestic services,] [loss of employment] [and] [loss of business or employment opportunities.]
[The term non-economic damages means [subjective,] non-monetary losses including, but not limited to [pain, suffering, inconvenience, mental suffering, emotional distress,] [loss of society and companionship,] [loss of consortium,] [humiliation] [and injury to reputation].]
The amount of such award [including economic and non- economic damages] shall include: | TOP |
The total amount of plaintiff's damages [, economic and non-economic,] is the amount that will reasonably compensate plaintiff for each of the following elements of claimed loss or harm, provided that you find that such loss or harm was [or will be] suffered by plaintiff and was [or will be] caused by the act or omission upon which you base your finding of [negligence] [liability] of the defendant[s], if you so find.
[The term economic damages means [objectively verifiable] monetary losses including [medical expenses,] [loss of earnings,] [burial costs,] [loss of use of property,] [costs of [repair] [or] [replacement,]] [costs of obtaining substitute domestic services,] [loss of employment and loss of business or employment opportunities].]
[The term non-economic damages means [subjective,] non-monetary losses including, but not limited to [pain, suffering, inconvenience, mental suffering, emotional distress,] [loss of society and companionship,] [loss of consortium,] [humiliation] [and] [injury to reputation].]
The amount of such award [including economic and non- economic damages] shall include: | TOP |
The reasonable value of the cost of medically monitoring the plaintiff's condition, provided that you find, based upon reliable medical expert testimony, that the need for medical monitoring is a reasonably certain consequence of a plaintiff's toxic exposure and that the recommended monitoring is reasonable.
In determining the reasonableness and necessity of monitoring, you should consider, (1) the significance and extent of the plaintiff's exposure to chemicals; (2) the toxicity of the chemicals; (3) the relative increase in the chance of onset of disease in the exposed plaintiff as a result of the exposure, when compared to (a) the plaintiff's chances of developing the disease had he or she not been exposed, and (b) the chances of the members of the public at large of developing the disease; (4) the seriousness of the disease for which the plaintiff is at risk; and (5) the clinical value of early detection. | TOP |
The reasonable value of medical [hospital and nursing] care, services and supplies reasonably required and actually given in the treatment of the plaintiff to the present time [and the present cash value of the reasonable value of similar items reasonably certain to be required and given in the future].
[This is economic damage.] | TOP |
The reasonable value of working time lost to date.
In determining this amount, you should consider evidence of plaintiff's earnings and earning capacity, how [he] [she] ordinarily occupied [himself] [herself], and find what was reasonably certain to have been earned in the time lost if there had been no injury.
[One's ability to work may have a monetary value even though that person is not employed by another.]
[Also, the reasonable value of services performed by another in doing things for the plaintiff which, except for the injury, plaintiff would ordinarily have performed.]
[This is economic damage.] | TOP |
The present cash value of earning capacity reasonably certain to be lost in the future as a result of the injury in question.
[This is economic damage.] | TOP |
Reasonable compensation for any pain, discomfort, fears, anxiety and other mental and emotional distress suffered by the plaintiff and of which injury was a cause [and for similar suffering reasonably certain to be experienced in the future from the same cause].
No definite standard [or method of calculation] is prescribed by law by which to fix reasonable compensation for pain and suffering. Nor is the opinion of any witness required as to the amount of such reasonable compensation. [Furthermore, the argument of counsel as to the amount of damages is not evidence of reasonable compensation.] In making an award for pain and suffering you shall exercise your authority with calm and reasonable judgment and the damages you fix shall be just and reasonable in the light of the evidence.
[This is non-economic damage.] | TOP |
A
Compensation for damage to plaintiff's property in the sum of $__________.
[This is economic damage.]
B
The reasonable cost of repairing the damage to plaintiff's vehicle not exceeding the sum of $__________.
[This is economic damage.]
C
The reasonable cost of repairing the damage to plaintiff's property.
[This is economic damage.]
D
Reasonable compensation for damage to plaintiff's property.
That sum is equal to the difference in the fair market value of the property immediately before and immediately after the accident.
If the damages have been repaired, or are capable of repair, so as to restore the fair market value as it existed immediately before the accident, at a cost less than such difference in value, then the measure of damage is the cost of such repair rather than such difference in value.
[This is economic damage.]
E
Reasonable compensation for damage to plaintiff's property.
If repairs have been made but the property cannot be completely repaired, the measure of damages is the difference in the fair market value of the property immediately before the accident and its fair market value after the repairs have been made plus the reasonable cost of making the repairs.
[This is economic damage.] | TOP |
Reasonable compensation for property lost or destroyed in, or because of, the accident. That amount is the fair market value of such property at the time of its loss or destruction.
[This is economic damage.] | TOP |
Reasonable compensation for being deprived of the use of plaintiff's [automobile] [property] during the time reasonably necessary for repairing the damage caused by the accident. In determining that amount you may consider the reasonable rental value of the [automobile] [property] for the period of time just mentioned.
[This is economic damage.] | TOP |
This lawsuit involves two separate claims: one, a claim by __________, a minor, for [economic and non- economic] damages for injuries, and the other, a claim by the minor's parent[s] for medical expenses incurred [and for loss of earnings and services of the minor during minority] [which [are] [is] economic damage[s]].
If you find that the minor and the parent[s], or either of them, are entitled to recover from the defendant[s], you must award to the party or parties entitled to recover, damages [, economic and non-economic,] in an amount that will reasonably compensate such party or parties for each of the following elements of claimed loss or harm, [subject to being reduced, as you will be instructed, if you should find that the minor or the parents were contributorily negligent,] provided that you find it was [or will be] suffered by the minor or the minor's parent[s] and caused by the act or omission upon which you base your finding of liability. | TOP |
The amount of such award to the minor shall include:
1. The present cash value of earning capacity reasonably certain to be lost as a result of the accident in question, after the minor becomes 18 years of age. [This is economic damage];
2. The present cash value of any medical care and attention reasonably certain to be required and given in the future treatment of said minor. [This is economic damage]. | TOP |
The amount of the award to said parent[s] shall include [the following economic damages]:
1. The reasonable value of medical [hospital and nursing] care, services and supplies reasonably required and actually given in the treatment of said minor;
[2. Such monetary loss, if any, as the parent[s] [has] [have] suffered and [is] [are] reasonably certain to suffer in the future by being deprived of the services, if any, which the minor would have performed during the period of minority.]
[3. Such loss of the child's earnings, if any, as said parent[s] may have suffered by reason of the fact, if it be a fact, that the injury in question has caused [their] [his] [her] child, __________, to be unable to pursue [his] [her] occupation or a gainful employment. In determining that amount, you must find what portion of such earnings would have accrued to the financial advantage of the parent[s].]
[Also such sum as will compensate said parent[s] reasonably for whatever loss, if any, [they] [he] [she] [are] [is] reasonably certain to suffer in the future, until the child reaches the age of 18, caused by any loss of earning capacity caused said child by the injury in question.] | TOP |
If you find that plaintiff ____________________ (spouse claiming the direct physical injury) is entitled to a verdict against the defendant[s] and if you find that the act or omission upon which you base your finding of liability has caused plaintiff ____________________ (spouse claiming loss of consortium) to have suffered or will be reasonably certain to suffer in the future any of the following losses:
(1) Any loss of [her husband's] [his wife's] love, companionship, comfort, affection, society, solace or moral support;
(2) Any loss of enjoyment of sexual relations or ability to have children; or
(3) Any loss of [his wife's] [her husband's] physical assistance in the operation and maintenance of the home, then you shall award plaintiff ____________________ (spouse claiming loss of consortium) reasonable compensation for any of such losses as may be established by the evidence. [This is non-economic damage.]
If you find that plaintiff ____________________ (spouse claiming loss of consortium) is entitled to compensation for any loss of consortium as described above, you will not include in any such award any compensation for losses that the plaintiff ____________________ (spouse claiming the direct physical injury) may be entitled to recover. That is, you will not award plaintiff ____________________ (spouse claiming loss of consortium) any compensation for loss of [her] [his] right to financial support from [her husband] [his wife] as that is included in plaintiff ____________________'s (spouse claiming physical injury) right to recover for loss of direct earning capacity. Neither will you include any award to plaintiff ____________________ (spouse claiming loss of consortium) any compensation for [her] [his] personal services to [her husband] [his wife], such as nursing, as that too is included in plaintiff ____________________'s (spouse claiming the direct physical injury) right of recovery.
[Also, you will not include in any award to plaintiff ____________________ (spouse claiming loss of consortium) any loss of earnings if [she] [he] was employed and gave up [her] [his] employment to take care of plaintiff ____________________ (spouse claiming the direct physical injury).] | TOP |
The plaintiff[s] [is] [are] the heirs of ____________________, deceased, [and] are [the real parties in interest in this action; they are] ____________________, the widow[, and ____________________, the child[ren]] of the deceased.
If you find that plaintiff[s] [is] [are] entitled to recover against the defendant[s], you will award as damages[, economic and non-economic,] such sum as, under all the circumstances of the case, will be just compensation for the loss which each heir has suffered by reason of the death of ____________________, deceased.
In determining such loss, you may consider the financial support, if any, which each of said heirs would have received from the deceased except for such death, and the right to receive support, if any, which each of said heirs has lost by reason of such death. [You also may consider the costs of obtaining substitute domestic services.] [This is economic damage.]
[The right of one person to receive support from another is not destroyed by the fact that the former does not need the support, nor by the fact that the latter has not provided it.]
You may also consider:
1. The age of the deceased and of each heir;
2. The health of the deceased and each heir immediately prior to death;
3. The respective life expectancy of the deceased and of each heir;
4. Whether the deceased was kindly, affectionate or otherwise;
5. The disposition of the deceased to contribute financially to support the heirs;
6. The earning capacity of the deceased;
7. The deceased's habits of industry and thrift; and
8. Any other facts shown by the evidence indicating what benefits each heir might reasonably have been expected to receive from the deceased had [he] [she] lived.
With respect to life expectancies, you will only be concerned with the shorter of the two, that of an heir or that of the decedent, as one can derive a benefit from the life of another only so long as both are alive.
Also, you will award reasonable compensation for the loss of love, companionship, comfort, affection, society, solace or moral support[, and any loss of the enjoyment of sexual relations]. [This is non-economic damage.]
In determining the loss which each heir has suffered, you are not to consider:
1. Any pain or suffering of the decedent;
2. Any grief or sorrow of the heirs; or
3. The poverty or wealth of any heir.
[Also, you shall include in your award an amount that will compensate for whatever reasonable expense was paid out or incurred for funeral services in memory of the decedent and [or] for burial [disposition] of the body. In determining that amount, you shall consider the decedent's station in life and the financial condition of the estate, as these circumstances have been shown by the evidence.]
[This is economic damage.] | TOP |
[If you return a verdict against the defendant, it shall be in a single sum, representing the aggregate of the present cash value of all the losses suffered by the heirs of the deceased.]
[If you return a verdict against the defendants, it shall be for [economic and non-economic] damages [previously discussed] representing the aggregate of the present cash value of all the losses suffered by the heirs of the deceased.]
If you should find that plaintiff[s] [is] [are] entitled to a verdict, you will award [him] [her] [them] such sum as, under all the circumstances of the case, may be just compensation for the loss [he] [she] [they] [has] [have] suffered by reason of the death of [his] [her] [their] child.
In determining that loss, you may consider [as economic damages] not only the benefits that plaintiff[s] [was] [were] reasonably certain to have received from the earnings and services of [his] [her] [their] child during the child's minority, but also the support and financial benefit which it is reasonably certain plaintiff[s] would have received from the child after the latter's majority and during the period of their common expectancy of life. You may also consider [as non-economic damages] what loss, if any, plaintiff[s] [has] [have] suffered, and will suffer in the future with reasonable certainty, by being deprived of the love, companionship, comfort, affection, society, solace or moral support of the child. As an offset against the factors of loss mentioned, you should take into consideration what it would have cost the plaintiff[s] to support and educate the deceased child, had [he] [she] lived.
In weighing these matters, you may consider the age of the deceased and of [each] plaintiff, the state of health and physical condition of deceased and of [each] plaintiff as it existed at the time of the death and immediately prior thereto; their station in life; their respective expectancies of life as shown by the evidence; the disposition of the deceased, whether it was kindly, affectionate, or otherwise; whether or not [he] [she] showed a likelihood of contributing to the support of the plaintiff[s]; the earning capacity, if any, of the deceased; and all other facts in evidence that throw light upon the question of what benefits each plaintiff might reasonably have been expected to receive from the deceased child had [he] [she] lived.
With respect to the matter of life expectancy, you must keep this point in mind: the prospective period of time that will be of concern to you if you decide in favor of [the] [any] [either] plaintiff is only the shorter of the two life expectancies, that of [the] [said] plaintiff or that of the deceased child.
In determining such loss you are not to consider any grief or sorrow that [he] [she] [they] may have suffered by reason of the death of said child, or any pain or suffering of the child before [his] [her] death.
[Also, you shall include in your award [as economic damages] an amount that will compensate for whatever reasonable expense was paid out or incurred by the plaintiff[s] [or either of them] for funeral services in memory of the deceased and [or] for burial [disposition] of the body. In determining that amount you shall consider the station in life and financial condition of the plaintiff[s] and [his] [her] [their] deceased child, as these circumstances have been shown to you.] | TOP |