Alaska Civil Pattern Jury Instruction 4.05B

If you decide that [statutory beneficiar(y)(ies)] [is][are] entitled to recover for harm caused by the death of [decedent], you must decide what amount of money will fairly and justly compensate [statutory beneficiar(y)(ies)]. [You must decide a separate amount for each person who is entitled to recover.]

The claimed losses fall into two categories: economic losses and noneconomic losses.

Economic losses may include:

[1] loss of financial support;

[2] loss of assistance or services;

[3] medical and funeral expenses; and

[4] loss of future savings.

Noneconomic losses may include:

[1] loss of the relationship with [decedent];

[2] sorrow, grief, and emotional distress; and

[3] loss of education and training that [decedent] would have provided.

You may not assume because I list an item of loss or explain how to measure a particular loss that you are required to award damages for that loss.

For each item of claimed loss, you must decide whether it is more likely true than not true:

(1) [statutory beneficiary] had such a loss or is reasonably likely to have such a loss in the future; and

(2) [defendant]’s conduct was a substantial factor in causing the loss.

[Defendant]’s conduct was a substantial factor if:

(a) the loss would not have occurred without [defendant]’s conduct; and

(b) [defendant]’s conduct was important enough in causing the loss that a reasonable person would hold [defendant] responsible. [Defendant]’s conduct cannot be a remote or trivial factor.

[Paragraph (a) does not apply if two events operated to cause the loss, one because of [defendant]’s conduct and the other not, and each event by itself was sufficient to cause the harm.]

If both of these things are true, then you must decide how much money will fairly compensate [statutory beneficiary] for that item of loss. If one or both of these things are not true with respect to a particular item of loss, you may not make an award for that loss.