Last updated: 4/13/2015
160.15. FELA-Death Action-How to Determine Pecuniary Loss
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Description
160.15 FELA--Death Action--How to Determine Pecuniary Loss 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 [name(s) of survivor(s) entitled to claim] for the pecuniary loss proved by the evidence to have resulted to [name(s) of survivor(s) entitled to claim] from the death of the decedent. "Pecuniary loss" may include loss of money, benefits, goods, services. In determining pecuniary loss, you may consider what the evidence shows concerning the following: [1. What [money,] [benefits,] [goods,] [and] [services] the decedent customarily contributed in the past;] [2. What [money,] [benefits,] [goods,] [and] [services] the decedent was likely to have contributed in the future;] [3. The decedent's personal expenses [and other deductions];] [4. What instruction, moral training, and superintendence of education the decedent might reasonably have been expected to give his child[ren] had he lived;] [5. [6. [7. [8. [9. His age;] His sex;] His health;] His habits of [industry,] [sobriety,] [and] [thrift];] His occupational abilities]. The contributions and benefits which you may consider must be only those contributions and benefits upon which a money value can be placed. You are not permitted to award any amount for the grief or loss of society and companionship caused any survivor by the death of [name of decedent].
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