Last updated: 4/13/2015
31.05. Measure Of Damages-Wrongful Death-Adult Decedent-Collateral Next of Kin Surviving
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Description
31.05 Measure of Damages--Wrongful Death--Adult Decedent--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 [collateral next of kin] of the decedent for the pecuniary loss proved by the evidence to have resulted to the [collateral next of kin] from the death of the decedent. "Pecuniary loss" may include loss of money, benefits, goods, services, [and] society. In determining pecuniary loss, you may consider what the evidence shows concerning the following: [1. [2. [3. [4. [5. [6. [7. [8. [9. 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];] His age;] His sex;] His health;] His physical and mental characteristics;] His habits of [industry,] [sobriety,] [and] [thrift];] His occupational abilities;] [10. The grief, sorrow, and mental suffering of [collateral next of kin];] [11. The relationship between [collateral next of kin] and [name of decedent].] Whether pecuniary loss has been proved by the evidence is for you to determine. Instruction revised October 2007.