502.2 Wrongful Death Damages - Elements for Estate and Survivors

502.2 Wrongful Death Damages - Elements for Estate and Survivors ELEMENTS FOR ESTATE: In determining the damages recoverable on behalf of (decedent)'s estate, you shall consider the following elements: a. Lost earnings: The estate's loss of earnings of (decedent) from the date of injury to the date of death, [less any amount of monetary support you determine a survivor lost during that period]. b. Lost accumulations: The estate's loss of net accumulations: "Net accumulations" is the part of (decedent)'s net income [from salary or business] after taxes, including pension benefits [but excluding income from investments continuing beyond death], which (decedent), after paying his personal expenses and monies for the support of [his] [her] survivors, would have left as part of [his] [her] estate if [he] [she] had lived [his] [her] normal life expectancy. c. Medical or funeral expenses: Medical or funeral expenses due to (decedent)'s injury or death which [have become a charge against (decedent)'s estate] [were paid by or on behalf of (decedent) by one other than a survivor]. ELEMENTS FOR SURVIVING SPOUSE, CHILD OR PARENTS OF CHILD: In determining any damages to be awarded (decedent)'s personal representative for the benefit of (decedent)'s surviving [spouse] [children] [or] [parents], you shall consider certain additional elements of damage for which there is no exact standard for fixing the compensation to be awarded. Any such award should be fair and just in the light of the evidence regarding the following elements: d. Damages of surviving spouse: The [(wife's) (husband's)] loss of (decedent)'s companionship and protection, and [her] [his] mental pain and suffering as a result of (decedent)'s injury and death. In determining the duration of the losses, you may consider the [joint life expectancy of (decedent) and (surviving spouse)] [life expectancy of (surviving spouse)] together with the other evidence in the case. e. Damages by surviving child: The loss by (name all eligible children) of parental companionship, instruction and guidance, and [his] [her] [their] mental pain and suffering as a result of (decedent)'s injury and death. In determining the duration of those losses, you may consider the [joint life expectancy of (decedent) and [(surviving child)] [each of (surviving children)]] [life expectancy of [(surviving children)] [each of (surviving children)]] together with the other evidence in the case. f. Damages by surviving parent of child: The mental pain and suffering of (parents) as a result of the injury and death of (child). In determining the duration of mental pain and suffering, you may consider the life [expectancy] [expectancies] of (surviving parent)(s) together with the other evidence in the case. ELEMENTS FOR SURVIVORS, INCLUDING SURVIVING SPOUSE, CHILD OR PARENTS OF CHILD: In determining any damages to be awarded (decedent)'s personal representative for the benefit of [each of] (decedent)'s survivor[s][*] (name them all), you shall consider the following elements: *Further instructions may be required if there is a factual question of whether a person is a "survivor" within the meaning of F.S. 768.18(1). g. Lost support and services: The [survivor's] [survivors', (name them all)], loss, by reason of (decedent)'s injury and death, of (decedent)'s support and services [including interest at (legal rate) on any amount awarded for such loss from the date of injury to the date of death]. In determining the duration of any future loss, you may consider the joint life expectancy of the survivor(s) and (decedent) [and the period of minority, ending at age 25, of a healthy minor child]. In evaluating past and future loss of support and services, you shall consider the survivor's relationship to (decedent), the amount of (decedent)'s probable net income available for distribution to the survivor and the replacement value of (decedent)'s services to the survivor(s). [* "Support" includes contributions in kind as well as sums of money. "Services" means tasks regularly performed by (decedent) for a survivor that will be a necessary expense to the survivor because of (decedent)'s death.] *The bracketed material should be given only when warranted by the evidence and requested by a party. h. Medical and funeral expenses paid by survivor: [Medical] [or] [funeral] expenses due to (decedent)'s [injury] [or] [death] paid by any survivor.