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“If you decide that Plaintiff has proved his claim against Defendant for the death of Decedent, you must also decide the amount of damages that Decedent sustained before death and that he would have been entitled to recover because of Defendant’s conduct[, including any [penalties/ [or] punitive damages] as explained in the other instructions that I will give you]. Plaintiff may recover the following damages: 1. The reasonable cost of reasonably necessary medical care that Decedent received; 2. The amount of income/earnings/salary/wages that he lost before death; 3. The reasonable cost of health care services that Decedent would have provided to Family Member before Decedent’s death; 4. [other recoverable economic damage]; 5. The pain/suffering/disfigurement Decedent suffered before his death. You may not award damages for any loss for Decedent’s shortened life span attributable to his death.”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson