3905A. Physical Pain Mental Suffering And Emotional Distress (Noneconomic Damage)

3905A. Physical Pain, Mental Suffering, and Emotional Distress (Noneconomic Damage) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Insert number, e.g., "1."] [Past] [and] [future] [physical pain/mental suffering/loss of enjoyment of life/disfigurement/physical impairment/inconvenience/grief/anxiety/humiliation/emotional distress/[insert other 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. [To recover for future [insert item of pain and suffering], [name of plaintiff] must prove that [he/she] is reasonably certain to suffer that harm. For future [insert item of pain and suffering], determine the amount in current dollars paid at the time of judgment that will compensate [name of plaintiff] for future [insert item of pain and suffering]. [This amount should not be further reduced to present cash value.]] ________________________________________________________________________________ New September 2003; Revised April 2008, December 2009, December 2011