CACI No. 3921

If you decide that [name of plaintiff] has proved [his/her/ nonbinary

pronoun] claim against [name of defendant] for the death of [name of

decedent], you also must decide how much money will reasonably

compensate [name of plaintiff] for the death of [name of decedent]. 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. Y ou will be asked to state

the two categories of damages separately on the verdict form.

[Name of plaintiff] claims the following economic damages:

1. The financial support, if any, that [name of decedent] would have

contributed to the family during either the life expectancy that

[name of decedent] had before [his/her/ nonbinary pronoun] death or

the life expectancy of [name of plaintiff], whichever is shorter;

2. The loss of gifts or benefits that [name of plaintiff] would have

expected to receive from [name of decedent];

3. Funeral and burial expenses; and

4. The reasonable value of household services that [name of

decedent] would have provided.

Y our award of any future economic damages must be reduced to present

cash value.

[Name of plaintiff] also claims the following noneconomic damages:

1. The loss of [name of decedent]’s love, companionship, comfort,

care, assistance, protection, affection, society, moral support[;

[and]/.]

[2. The loss of the enjoyment of sexual relations[; [and]/.]]

[3. The loss of [name of decedent]’s training and guidance.]

No fixed standard exists for deciding the amount of noneconomic

damages. Y ou must use your judgment to decide a reasonable amount

based on the evidence and your common sense.

[For these noneconomic damages, determine the amount in current

dollars paid at the time of judgment that will compensate [name of

plaintiff] for those damages. This amount of noneconomic damages

should not be further reduced to present cash value because that

reduction should only be performed with respect to future economic

damages.]

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.]

New September 2003; Revised December 2005, February 2007, April 2008,

December 2009, June 2011, December 2013, May 2020