31.02(a). Measure of Damages-Wrongful Death-Stillborn Or Infant Decedent-Collateral Next of Kin Surviving
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31.02(a) Measure of Damages--Wrongful Death--Stillborn or Infant Decedent-- Collateral Next of Kin Surviving 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 the [collateral next of kin, e.g., brother] of the decedent for the pecuniary loss proved by the evidence to have resulted to the [collateral next of kin, e.g., brother] from the death of the decedent. "Pecuniary loss" may include loss of money, benefits, goods, services, and society. In determining pecuniary loss, you may consider what the evidence shows concerning the following: [1. [2. [3. What the decedent's health and physical and mental characteristics would have been;] What the relationship between [collateral next of kin, e.g., brother] and [name of decedent] would have been;] The grief, sorrow and mental suffering of the next of kin.] Whether pecuniary loss has been proved by the evidence is for you to determine. Instruction created October 2007.