California Wrongful Death Case - Discovery; Depositions

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 noneconomic damages, determine the amount in current dollars paid at the time of judgment that will compensate [name of plaintiff] for those damages, and do not reduce them further to present cash value.]

In determining [name of plaintiff]'s loss, do not consider:
1. [Name of plaintiff]'s grief, sorrow, or mental anguish;

2. [Name of decedent]'s pain and suffering; or

3. The poverty or wealth of [name 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 [insert source of information], the average life expectancy of a [insert number]-year-old [male/female] is [insert number] years, and the average life expectancy of a [insert number]-year-old [male/female] is [insert number] 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.]

Damages; Wrongful death of Child; Suit Brought by Surviving Parents
At the conclusion of a wrongful death trial, the judge will read jury instructions to the jury. Following is one of the instructions to be read where the plaintiffs are the surviving parents of a child At the deposition, the plaintiff will be asked many questions concerning the issues set forth in the jury instruction:

If you decide that [name of plaintiff] has proved [his/her] claim against [name of defendant] for the death of [name of minor], you also must decide how much money will reasonably compensate [name of plaintiff] for the death of [name of minor]. This compensation is called "damages."

[Name of 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 [name of 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.

[Name of plaintiff] claims the following economic damages: