3920. Loss Of Consortium (Noneconomic Damage)

3920. Loss of Consortium (Noneconomic Damage) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] has been harmed by the injury to [his/her] [husband/wife]. If you decide that [name of injured spouse] has proved [his/her] claim against [name of defendant], you also must decide how much money, if any, will reasonably compensate [name of plaintiff] for loss of [his/her] [husband/wife]'s companionship and services, including: 1. 2. The loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support; and The loss of the enjoyment of sexual relations [or the ability to have children]. [[Name of plaintiff] may recover for harm [he/she] proves [he/she] has suffered to date and for harm [he/she] is reasonably certain to suffer in the future. For future harm, determine the amount in current dollars paid at the time of judgment that will compensate [name of plaintiff] for that harm. This amount of noneconomic damages should not be further reduced to present cash value because that reduction should only be performed with respect to economic damages.] No fixed standard exists for deciding the amount of these damages. You must use your judgment to decide a reasonable amount based on the evidence and your common sense. Do not include in your award any compensation for the following: 1. 2. The loss of financial support from [name of injured spouse]; Personal services, such as nursing, that [name of plaintiff] has provided 3920. Loss of Consortium (Noneconomic Damage) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 or will provide to [name of injured spouse]; 3. 4. Any loss of earnings that [name of plaintiff] has suffered by giving up employment to take care of [name of injured spouse]. The cost of obtaining domestic household services to replace services that would have been performed by [name of injured spouse]. ________________________________________________________________________________ New September 2003; Revised December 2010