31.03(a). Measure of Damages-Wrongful Death-Stillborn Or Infant Decedent-Lineal and Collateral Next of Kin Surviving

31.03(a) Measure of Damages--Wrongful Death--Stillborn or Infant Decedent-- Lineal and Collateral Next of Kin Surviving If you decide for the plaintiff on the question of liability, you must then fix the amount of money which will reasonably and fairly compensate the [lineal and collateral next of kin, e.g., parent, brother, etc.] of the decedent for the pecuniary loss proved by the evidence to have resulted to the [lineal and collateral next of kin, e.g., parent, brother, etc.] from the death of the decedent. "Pecuniary loss" may include loss of money, benefits, goods, services, and society. Where a decedent leaves [lineal next of kin, e.g., parent] the law recognizes a presumption that the [lineal next of kin, e.g., parent] has sustained some substantial pecuniary loss by reason of the loss of the child's society. The weight to be given this presumption is for you to decide from the evidence in this case. There is no presumption of pecuniary loss to a [collateral next of kin, e.g., brother] of the decedent. In determining pecuniary loss, you may consider what the evidence shows concerning the following: [1. [2. [3. What the decedent's health and physical and mental characteristics would have been;] What the relationship between [collateral next of kin, e.g., brother] and [name of decedent] would have been;] The grief, sorrow and mental suffering of the next of kin.] [Pecuniary loss must be reduced by the expenditures that you find the parent(s) would have been likely to incur for the child had the child lived.] Instruction created October 2007