“If you decide that Plaintiff has proved his claim against Defendant for the death of Minor, you also must decide how much money will reasonably compensate Plaintiff for the death of Minor. 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 value of the financial support, if any, that Minor would have contributed to the family during either the life expectancy that Minor had before her death or the life expectancy of Plaintiff, whichever is shorter; 2. The loss of gifts or benefits that Plaintiff could have expected to receive from Minor; 3. Funeral and burial expenses; and 4. The reasonable value of household services that Minor would have provided. Your award of any future economic damages must be reduced to present cash value. Plaintiff also claims the following noneconomic damages: The loss of Minor’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support. 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.] Do not include in your award any compensation for the following: 1. Plaintiff’s grief, sorrow, or mental anguish; or 2. Minor’s pain and suffering. In computing these damages, you should deduct the present cash value of the probable costs of Minor’s support and education. In deciding a person’s life expectancy, consider, among other factors, that person’s health, habits, activities, lifestyle, and occupation. Life expectancy tables are evidence of a person’s life expectancy but are not conclusive. [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]]
