CJI-Civ. 20:4

Plaintiff, (name), has the burden of proving the nature and extent of (insert

applicable pronoun) damages by a preponderance of the evidence. If you find in favor of the

plaintiff, you must determine the total dollar amount of the plaintiff’s damages, if any, that

were caused by the (insert appropriate description, e.g., “assault” or “battery”) of the

defendant(s), (name[s]), (and the [insert appropriate description, e.g., “negligence”], if any,

of any designated nonparties).

In determining these damages, you shall consider the following:

1. Any noneconomic losses or injuries the plaintiff has had to the present time or

that the plaintiff will probably have in the future, including: physical and mental pain and

suffering, inconvenience, emotional stress, fear, anxiety, embarrassment, humiliation,

impairment of the quality of life, and [insert any other recoverable noneconomic losses for

which there is sufficient evidence]. (In considering damages in this category, you shall not

consider damages for [physical impairment] [or] [disfigurement], because these damages, if

any, are to be considered in a separate category.)

2. Any economic losses or injuries the plaintiff has had to the present time or that

the plaintiff will probably have in the future, including: loss of earnings or income;

impairment of earning capacity; (reasonable and necessary) medical, hospital and other

expenses, and [insert any other recoverable economic losses for which there is sufficient

evidence]. (In considering damages in this category, you shall not consider damages for

[physical impairment] [or] [disfigurement], since these damages, if any, are to be

considered in a separate category.)

(3. Any [physical impairment] [or] [disfigurement]. In considering damages in this

category, you shall not include damages again for losses or injuries already determined in

either numbered paragraph 1 or 2 above.)

If you find in favor of the plaintiff, but do not find any actual damages, you shall

award (insert applicable pronoun) nominal damages of one dollar.