CJI-Civ. 21:5

Plaintiff, (name), has the burden of proving, by a preponderance of the evidence, the

nature and extent of (insert applicable pronoun) damages. 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., “false imprisonment” or “arrest”) of

the plaintiff by 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

include actual 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 which plaintiff has had to the present time or

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

damage to (insert applicable pronoun) ability to earn money in the future; 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 include actual 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.