3922. Wrongful Death (Parents Recovery For Death Of A Minor Child)

3922. Wrongful Death (Parents' Recovery for Death of a Minor Child) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If you decide that [name of plaintiff] has proved [his/her] claim against [name of defendant] for the death of [name of minor], you also must decide how much money will reasonably compensate [name of plaintiff] for the death of [name of minor]. This compensation is called "damages." [Name of plaintiff] does not have to prove the exact amount of these damages. However, you must not speculate or guess in awarding damages. The damages claimed by [name of plaintiff] fall into two categories called economic damages and noneconomic damages. You will be asked to state the two categories of damages separately on the verdict form. [Name of plaintiff] claims the following economic damages: 1. The value of the financial support, if any, that [name of minor] would have contributed to the family during either the life expectancy that [name of minor] had before [his/her] death or the life expectancy of [name of plaintiff], whichever is shorter; The loss of gifts or benefits that [name of plaintiff] could have expected to receive from [name of minor]; Funeral and burial expenses; and The reasonable value of household services that [name of minor] would have provided. 2. 3. 4. Your award of any future economic damages must be reduced to present cash value. 3922. Wrongful Death (Parents' Recovery for Death of a Minor Child) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] also claims the following noneconomic damages: The loss of [name of minor]'s love, companionship, comfort, care, assistance, protection, affection, society, and moral support. No fixed standard exists for deciding the amount of noneconomic damages. You must use your judgment to decide a reasonable amount based on the evidence and your common sense. [For these noneconomic damages, determine the amount in current dollars paid at the time of judgment that will compensate [name of plaintiff] for those damages. This amount of noneconomic damages should not be further reduced to present cash value because that reduction should only be performed with respect to future economic damages.] Do not include in your award any compensation for the following: 1. 2. [Name of plaintiff]'s grief, sorrow, or mental anguish; or [Name of minor]'s pain and suffering. In computing these damages, you should deduct the present cash value of the probable costs of [name of minor]'s support and education. In deciding a person's life expectancy, consider, among other factors, that person's health, habits, activities, lifestyle, and occupation. Life expectancy tables are evidence of a person's life expectancy but are not conclusive. [In computing these damages, consider the losses suffered by all plaintiffs and return a verdict of a single amount for all plaintiffs. I will divide the amount 3922. Wrongful Death (Parents' Recovery for Death of a Minor Child) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [among/between] the plaintiffs.] ______________________________________________________________________________ New September 2003; Revised December 2005, April 2008, December 2009, June 2011