3921. Wrongful Death (Death of an Adult) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If you decide that [name of plaintiff] has proved [his/her] claim against [name of defendant] for the death of [name of decedent], you also must decide how much money will reasonably compensate [name of plaintiff] for the death of [name of decedent]. This compensation is called "damages." [Name of plaintiff] does not have to prove the exact amount of these damages. However, you must not speculate or guess in awarding damages. The damages claimed by [name of plaintiff] fall into two categories called economic damages and noneconomic damages. You will be asked to state the two categories of damages separately on the verdict form. [Name of plaintiff] claims the following economic damages: 1. The financial support, if any, that [name of decedent] would have contributed to the family during either the life expectancy that [name of decedent] had before [his/her] death or the life expectancy of [name of plaintiff], whichever is shorter; The loss of gifts or benef ts that [name of plaintiff] would have expected to receive from [name of decedent]; Funeral and burial expenses; and The reasonable value of household services that [name of decedent] would have provided. 2. 3. 4. Your award of any future economic damages must be reduced to present cash value. 3921. Wrongful Death (Death of an Adult) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] also claims the following noneconomic damages: 1. [2. [3. The loss of [name of decedent]'s love, companionship, comfort, care, assistance, protection, affection, society, moral support[; [and]/.] The loss of the enjoyment of sexual relations[; [and]/.]] The loss of [name of decedent]'s training and guidance.] No f xed standard exists for deciding the amount of noneconomic damages. You must use your judgment to decide a reasonable amount based on the evidence and your common sense. [For these noneconomic damages, determine the amount in current dollars paid at the time of judgment that will compensate [name of plaintiff] for those damages. [This amount of noneconomic damages should not be further reduced to present cash value because that reduction should only be performed with respect to future economic damages.] In determining [name of plaintiff]'s loss, do not consider: 1. 2. 3. [Name of plaintiff]'s grief, sorrow, or mental anguish; [Name of decedent]'s pain and suffering; or The poverty or wealth of [name of plaintiff]. In deciding a person's life expectancy, you may consider, among other factors, the average life expectancy of a person of that age, as well as that person's health, habits, activities, lifestyle, and occupation. According to [insert source of 3921. Wrongful Death (Death of an Adult) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 information], the average life expectancy of a [insert number]-year-old [male/female] is [insert number] years, and the average life expectancy of a [insert number]-year-old [male/female] is [insert number] years. This published information is evidence of how long a person is likely to live but is not conclusive. Some people live longer and others die sooner. [In computing these damages, consider the losses suffered by all plaintiffs and return a verdict of a single amount for all plaintiffs. I will divide the amount [among/between] the plaintiffs.] ________________________________________________________________________________ New September 2003; Revised December 2005, February 2007, April 2008, December 2009, June 2011, December 2013