“If you decide that Plaintiff has proved his claim against Defendant for the death of Decedent, you also must decide how much money will reasonably compensate Plaintiff for the death of Decedent. This compensation is called “damages.” 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 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.
Plaintiff claims the following economic damages: 1. The financial support, if any, that Decedent would have contributed to the family during either the life expectancy that Decedent had before his death or the life expectancy of Plaintiff, whichever is shorter; 2. The loss of gifts or benefits that Plaintiff would have expected to receive from Decedent; 3. Funeral and burial expenses; and 4. The reasonable value of household services that Decedent would have provided. Your award of any future economic damages must be reduced to present cash value. Plaintiff also claims the following noneconomic damages: 1. The loss of Decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support [;[and]/] 2. The loss of the enjoyment of sexual relations[; [and]/] 3. The loss of Decedent’s training and guidance.] No fixed 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 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 Plaintiff’s loss, do not consider: 1. Plaintiff’s grief, sorrow, or mental anguish; 2. Decedent’s pain and suffering; or 3. The poverty or wealth 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 [], the average life expectancy of a []-year-old male/female is [] years, and the average life expectancy of a []-year-old male/female is [] 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.”
[CACI Jury Instructions [citations omitted]]
