“If you decide that Plaintiff has proved his claim against Defendant, you also must decide how much money will reasonably compensate Plaintiff for the harm. This compensation is called “damages.” The amount of damages must include an award for all harm that was caused by Defendant, even if the particular harm could not have been anticipated. Plaintiff must prove the amount of his damages. However, Plaintiff does not have to prove the exact amount of damages that will provide reasonable compensation for the harm. You must not speculate or guess in awarding damages. The following are the specific items of damages claimed by Plaintiff: Mental suffering/anxiety/humiliation/emotional distress; 2. The cost of attorney fees to recover the insurance policy benefits; and 3. [other applicable item of damage]. [No fixed standard exists for deciding the amount of damages for [mental or emotional distress]. You must use your judgment to decide a reasonable amount based on the evidence and your common sense.] [To recover for future [mental or emotional distress], Plaintiff must prove that he is reasonably certain to suffer that harm.] [To recover attorney fees Plaintiff must prove that because of Defendant’s breach of the obligation of good faith and fair dealing it was reasonably necessary for him to hire an attorney to recover the policy benefits. Plaintiff may recover attorney fees he incurred to obtain policy benefits but not attorney fees he incurred for other purposes.]
[CACI Jury Instructions [citations omitted]]
