 |
 |
 |
 |
 |
 |
 |
Return to case
One of the most important yet difficult tasks performed by jurors in civil trials is to award damages to compensate injured parties for their losses after they find that a defendant was at fault. Such awards are not set by the judge or the attorneys - but are made by jurors and people like you who are asked to use and rely upon their personal experiences and the background of their daily lives.
Your input, therefore, is extremely important to legal professionals and lawyers who try to assess the value of their clients' cases. Your input and opinions in these real, pending cases can assist parties in resolving their disputes by giving clients and their attorneys an idea of what a potential juror like you would award in a certain fact situation.
In actual trials, jurors are given instructions by the judge to assist them in reaching a verdict or deciding an amount of damages. The following instructions have been compiled from actual jury instructions in civil trials:
Determination of Damages
Return to case
If you find in favor of the plaintiff, then you should next determine what damages the plaintiff is entitled to receive. The plaintiff is claiming money damages in this case, and is entitled to recover only fair, just, and reasonable compensation. It is not proper for a juror in considering the question of damages to attempt to be generous. Damages must be reasonable. You may award the plaintiff only such damages as will reasonably compensate the plaintiff for such damage sustained as a result of the defendant's negligence.
Nor must a juror award damages because of any sympathy the juror may feel for the plaintiff. While you may feel sympathy for the parties, you must remove any sympathy from your mind - and sympathy cannot play a role in the determination of damages.
You may compensate the plaintiff for all medical, rehabilitation and other expenses reasonably incurred from the date of the injury. You may also compensate the plaintiff for all medical, rehabilitation and other expenses which, in all reasonable probability, will be incurred by him or her in the future for the treatment of any injuries and disabilities suffered as a result of the defendant's negligence.
You may also compensate the plaintiff for any past or future lost wages and employment benefits, or any reduction in earning capacity which, with reasonable probability, may be expected to be suffered by the plaintiff in the future.
You may also compensate the plaintiff for the physical injuries and disabilities which the plaintiff has sustained. In this regard, you should consider the extent and duration of any such physical injuries and disabilities and the effects which they have on the plaintiff's overall physical well-being from the date of the injury until the time in the future that you reasonably find that the plaintiff will continue to suffer from such physical injuries and disabilities. A defendant may not avoid the responsibility for what has occurred by showing that the injuries would have been less if they had occurred to someone else. The plaintiff is entitled to be compensated for the worsening or aggravation, if any, of any physical or emotional illness or condition which may have existed prior to the injury caused by the defendant.
You may also compensate the plaintiff for any emotional pain and suffering, including mental anguish and distress suffered by the plaintiff from the date of the injury to that time in the future which with reasonable probability you find that the plaintiff will continue to suffer from such emotional pain and suffering, mental anguish or distress. In considering this aspect of damages, you may compensate the plaintiff for his or her loss of ability to enjoy life as a result of the injuries. Loss of enjoyment of life involves the loss of the ability to perform daily tasks, to participate in the activities that were part of the person's life before being injured, and to otherwise experience the pleasures of life.
The burden on the plaintiff to prove damages does not require the plaintiff to prove with mathematical precision the amount that the plaintiff is entitled to, but only to prove sufficient facts to permit an intelligent and probable estimate of damages.
In the event of a claim for wrongful death of a party, the rule for measuring damages can be briefly summarized as follows: It is the sum which could have compensated the decedent so far as money could do so for the destruction of the capacity to carry on life's activities as the decedent would have done had it not been for the decedent's untimely death - including the destruction of earning capacity for such time as the decedent would have probably lived. You may consider the decedent's general experience as a wage earner, and you must consider how long you believe the decedent might have continued to work or if the decedent would have worked.
You must also consider the health and physical condition of the decedent in determining his or her probable work life. You must take into account all of the natural incidents of life which might be expected to affect his or her ability to earn a living - such as accident, sickness, disability, voluntary termination of employment, old age, and the like. You must consider the decedent's normal life expectancy - and that is a question for you to determine. In measuring the extent of the decedent's loss of earning capacity, you must consider and deduct from the probably net earnings the amount of probable federal and state income tax saved. In measuring the decedent's loss, you must also consider and deduct the probable cost of future personal living expenses which would have been reasonably necessary for the decedent to incur.
© 2000, Legalvote.com, Inc.
All rights reserved. Patent Pending
Legalvote.com is a service mark of Legalvote.com, Inc.
Terms under which this service is provided to you.
Read our Privacy Policy and view our Security Statement.