Last updated: 4/13/2015
31.04. Measure Of Damages-Wrongful Death-Adult Decedent-Widow and or Lineal Next of Kin SurvivingStart Your Free Trial $ 11.99
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31.04 Measure of Damages--Wrongful Death--Adult Decedent--Widow and/or Lineal 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 next of kin, e.g., widow] of the decedent for the pecuniary loss proved by the evidence to have resulted to the [lineal next of kin] from the death of the decedent. "Pecuniary loss" may include loss of money, benefits, goods, services, [and] society [and sexual relations]. Where a decedent leaves [lineal next of kin], the law recognizes a presumption that the [lineal next of kin] have sustained some substantial pecuniary loss by reason of the death. The weight to be given this presumption is for you to decide from the evidence in this case. In determining pecuniary loss, you may consider what the evidence shows concerning the following: [1. [2. [3. [4. What [money,] [benefits,] [goods,] [and] [services] the decedent customarily contributed in the past;] What [money,] [benefits,] [goods,] [and] [services] the decedent was likely to have contributed in the future;] Decedent's personal expenses [and other deductions];] What instruction, moral training, and superintendence of education the decedent might reasonably have been expected to give his child had he lived;] His age;] His sex;] His health;] His habits of [industry,] [sobriety,] [and] [thrift];] His occupational abilities;] [5. [6. [7. [8. [9. [10. The grief, sorrow, and mental suffering of [next of kin];] [11. The relationship that existed between [lineal next of kin, e.g. son] and [name of decedent decedent];] [12. The marital relationship that existed between [widow/widower] and [name of decedent decedent].] [Widow/widower] is not entitled to damages for loss of decedent's society and sexual relations after date of remarriage. Instruction revised October 2007.