Last updated: 4/13/2015
31.06. Measure Of Damages-Wrongful Death-Unmarried Adult Decedent-Lineal and Collateral Next of Kin SurvivingStart Your Free Trial $ 11.99
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31.06 Measure of Damages--Wrongful Death--Unmarried Adult 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] of the decedent for the pecuniary loss proved by the etc. evidence to have resulted to the [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] has 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. [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 [next of kin];] [11. The relationship between [next of kin] and [name of decedent].] Instruction revised October 2007.