405.10 Defamation Damage If you find for (defendant), you will not consider the matter of damages. But, if you find for (claimant), you should award (claimant) an amount of money that will fairly and adequately compensate (claimant) for such [loss] [injury] [or] [damage] as the greater weight of the evidence shows was caused by the [statement] [publication] in question. You shall consider the following elements of damage: a. Injury to reputation or health; shame, humiliation, mental anguish, hurt feelings: Any injury to reputation or health and any shame, humiliation, mental anguish, and hurt feelings experienced in the past [or to be experienced in the future]. There is no exact standard for fixing the compensation to be awarded on account of such elements of damage. Any award should be fair and just in the light of the evidence. b. Aggravation or activation of disease or physical defect: Any aggravation of an existing disease or physical defect [or activation of any such latent condition], resulting from such [statement] [publication]. If you find that there was such an aggravation, you should determine, if you can, what portion of (claimant)'s condition resulted from the aggravation and make allowance in your verdict only for the aggravation. However, if you cannot make that determination or if it cannot be said that the condition would have existed apart from the [statement] [publication], you should consider and make allowance in your verdict for the entire condition. c. Medical expenses: The reasonable [value] [or] [expense] of [hospitalization and] medical [and nursing] care and treatment necessarily or reasonably obtained by (claimant) [or] [and] [his wife] in the past [or to be so obtained in the future]. d(1). Lost earnings, lost working time, lost earning capacity, when lost earnings or working time shown: Any [earnings] [working time] lost in the past [and any loss of ability to earn money in the future]. d(2). Lost earnings, lost working time, lost earning capacity, when lost earnings or working time not shown: Any loss of ability to earn money sustained in the past [and any such loss in the future]. e. Reduction to present value: Any amounts which you allow in damages for [loss of ability to earn money in the future] [or] [(describe any other future economic loss subject to reduction to present value)] should be reduced to their present money value [and only the present money value of such amounts should be included in your verdict] [and you should state in the verdict form provided to you both the total of such future damages and their present value]. f. Nominal damages: If you find for (claimant) but find that no [loss] [injury] [or] [damage] has been proved, you [should] [may] award nominal damages. Nominal damages are damages of an inconsequential amount which are awarded to vindicate a right where a wrong is established but no damage is proved. g(1.) Punitive damages, bifurcated procedure: If you find for (claimant) and against (name person or entity whose conduct may warrant punitive damages), you should consider whether, in addition to compensatory damages, punitive damages are warranted in the circumstances of this case as punishment and as a deterrent to others. The trial of the punitive damages issue is divided into two parts. In this first part, you will decide whether the conduct of (name defendant whose conduct may warrant punitive damages) is such that punitive damages are warranted. If you decide that punitive damages are warranted, we will proceed to the second part during which the parties may present additional evidence and argument on the issue of punitive damages. I will then give you additional instructions, after which you will decide whether in your discretion punitive damages will be assessed and, if so, the amount. Standard if statement was on a matter of public concern: [Punitive damages are warranted if you find by clear and convincing evidence that at the time of making the statement (defendant) knew the statement was false or had serious doubts as to its truth; and if the greater weight of the evidence shows that (defendant)'s primary purpose in making the statement was to indulge ill will, hostility, and an intent to harm (claimant).] Standard if statement was not a matter of public concern: [Punitive damages are warranted if you find by the greater weight of the evidence that (defendant)'s primary purpose in making the statement was to indulge ill will, hostility, and an intent to harm (claimant).] [You may determine that punitive damages are warranted against one defendant and not the other(s) or against more than one defendant.] [Use 503.1b(2)­b(4) as necessary for direct and vicarious liability.] [Use 503.1c for second stage of bifurcated punitive damages procedure.] g(2). Punitive damages, non-bifurcated procedure:] If you find for (claimant) and against (name person or entity whose conduct may warrant punitive damages), you should consider whether, in addition to compensatory damages, punitive damages are warranted in the circumstances of this case as a punishment and as a deterrent to others. Standard if statement was on a matter of public concern: [Punitive damages are warranted if you find by clear and convincing evidence that at the time of making the statement (defendant) knew the statement was false or had serious doubts as to its truth; and if the greater weight of the evidence shows that (defendant)'s primary purpose in making the statement was to indulge ill will, hostility, and an intent to harm (claimant).] Standard if statement was not a matter of public concern: [Punitive damages are warranted if you find by the greater weight of the evidence that (defendant)'s primary purpose in making the statement was to indulge ill will, hostility, and an intent to harm (claimant).] [You may determine that punitive damages are warranted against one defendant and not the other(s) or against more than one defendant.] [Use 503.2b(2)­b(4) as necessary for direct and vicarious liability.] [Use 503.2c for determination of amount of damages.]