Damages Instruction

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If you find from a preponderance of the evidence that the defendant is liable to the plaintiffs, you must then determine the total amount of money that would fairly compensate the plaintiffs for those elements of damage that you find were proved by a preponderance of the evidence.

In determining these damages, you may consider the following elements:

1. The nature and extent of the plaintiff's injuries, and the effect the injury itself has on the plaintiff's ability to function as a whole person;
2. Whether the injuries are temporary or permanent;
3. The physical pain and mental suffering experienced and reasonably certain to be experienced in the future as a result of the injuries;
4. The value of lost time;
5. The reasonable expenses of necessary medical care, treatment and services, and the reasonable expenses of future medical care, treatment and services;
6. The aggravation of a previous injury or condition.

You are to determine whether these elements of damage have been proved by a consideration of the evidence relating to damages. Your verdict must be based on that evidence and not on guess or speculation.

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