501.2 Personal Injury and Property Damages - Elements

501.2 Personal Injury and Property Damages: Elements a. Injury, pain, disability, disfigurement, loss of capacity for enjoyment of life: Any bodily injury sustained by (name) and any resulting pain and suffering [disability or physical impairment] [disfigurement] [mental anguish] [inconvenience] [or] [loss of capacity for the enjoyment of life] experienced in the past [or to be experienced in the future]. There is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence. b. Medical expenses: Care and treatment of claimant: The reasonable [value] [or] [expense] of [hospitalization and] medical [and nursing] care and treatment necessarily or reasonably obtained by (claimant) in the past [or to be so obtained in the future]. Care and treatment of minor claimant after reaching majority: The reasonable [value] [or] [expense] of [hospitalization and] medical [and nursing] care and treatment necessarily or reasonably obtained by (minor claimant) after [he] [she] reaches the age of (legal age). c. Lost earnings, lost time, lost earning capacity: When lost earnings or lost working time shown: [Any earnings] [Any working time] lost in the past [and any loss of ability to earn money in the future]. When lost earnings or lost working time not shown: Any loss of ability to earn money sustained in the past [and any such loss in the future]. d. Spouse's loss of consortium and services: On the claim brought by (spouse), you should award (spouse) an amount of money which the greater weight of the evidence shows will fairly and adequately compensate (spouse) for any loss by reason of [his wife's] [her husband's] injury, of [his] [her] services, comfort, society ant attentions in the past [and in the future] caused by the incident in question. e. Parental damages for care and treatment of claimant's minor child; parental loss of child's services, earnings, earning capacity: On the claim[s] of (parent(s)), you should award (parent(s)) an amount of money, which the greater weight of the evidence shows will fairly and adequately compensate (parent(s)) for damages caused by the incident in question. You shall consider the following element[s] of damage: The reasonable [value] [or] [expense] of [hospitalization and] medical [and nursing] care and treatment necessarily or reasonably obtained by (parent(s)) for [his] [her] [their] child, (name), in the past [or to be so obtained in the future until (name) reaches the age of (legal age)]. [Any loss by (parent(s)) by reason of [his] [her] [their] child's injury, of the [services] [earnings] [or] [earning ability] of [his] [her] [their] child in the past and in the future until the child reaches the age of (legal age).] [Any economic loss sustained by (parent(s)) [including] [any earnings lost in the past] [and] [any loss of ability to earn money in the future] reasonably resulting from the need to care or provide for the child because of the child's injury [until (name) reaches the age of (legal age).] f. Parental loss of filial consortium as a result of significant injury resulting in child's permanent disability: In addition, if the greater weight of the evidence shows that (claimant child) sustained a significant injury resulting in (claimant child)'s permanent total disability, you shall consider the following element of damage: Any loss by (parent(s)), by reason of that injury, of their child's companionship, society, love, affection, and solace in the past [and in the future until the child reaches the age of (legal age)]. If the greater weight of the evidence does not support (parent(s))[']['s] claim that their child sustained a significant injury resulting in permanent total disability, your verdict should be for (defendant)(s) on this element of damage. g. Unmarried dependent's claim for loss of parental consortium: In addition, if the greater weight of the evidence shows that (claimant parent) sustained a significant injury resulting in (claimant parent)'s permanent total disability, you shall consider the following element of damage: Any loss by reason of (claimant parent)'s injury of (claimant parent)'s services, comfort, companionship and society in the past and in the future. If the greater weight of the evidence does not support the claim that (claimant parent(s)) sustained a significant injury resulting in permanent total disability, your verdict should be for (defendant)(s) on this element of damage. h. Property damage: Any damage to [his] [her] [its] (identify automobile or other personal property). The measure of such damage is: [the difference between the value of the (name property) immediately before (incident complained of) and its value immediately afterward.] [the reasonable cost of repair, if it was practicable to repair the between the value of the (name property) immediately before the (incident complained of) and its value after repair.] You shall also take into consideration any loss to (claimant) [for towing or storage charges and] by being deprived of the use of [his] [her] [its] (name property) during the period reasonably required for its [replacement] [repair].