Conn. Civ. Jury Instr. 3.4-1

The rule of damages is as follows. Insofar as money can do it, the plaintiff is to receive fair, just

and reasonable compensation for all injuries and losses, past and future, which are proximately

caused by the defendant’s proven negligence. Under this rule, the purpose of an award of

damages is not to punish or penalize the defendant for the defendant’s negligence, but to

compensate the plaintiff for the plaintiff’s resulting injuries and losses. You must attempt to put

the plaintiff in the same position, as far as money can do it, that the plaintiff would have been in

had the defendant not been negligent.

Our laws impose certain rules to govern the award of damages in any case where liability is

proven. Just as the plaintiff has the burden of proving liability by a fair preponderance of the

evidence, the plaintiff has the burden of proving the plaintiff’s entitlement to recover damages by

a fair preponderance of the evidence. To that end, the plaintiff must prove both the nature and

extent of each particular loss or injury for which the plaintiff seeks to recover damages and that

the loss or injury in question was proximately caused by the defendant’s negligence. You may

not guess or speculate as to the nature or extent of the plaintiff’s losses or injuries. Your

decision must be based on reasonable probabilities in light of the evidence presented at trial.

Injuries and losses for which the plaintiff should be compensated include those the plaintiff has

suffered up to and including the present time and those the plaintiff is reasonably likely to suffer

in the future as a proximate result of the defendant’s negligence. Negligence, as I previously

instructed you, is a proximate cause of a loss or injury if it is a substantial factor in bringing that

loss or injury about.

Once the plaintiff has proved the nature and extent of the plaintiff’s compensable injuries and

losses, it becomes your job to determine what is fair, just and reasonable compensation for those

injuries and losses. There is often no mathematical formula in making this determination.

Instead, you must use human experience and apply sound common sense in determining the

amount of your verdict.

In a personal injury action, there are two general types of damages with which you must be

concerned: economic and noneconomic damages. Economic damages are monies awarded as

compensation for monetary losses and expenses which the plaintiff has incurred, or is reasonably

likely to incur in the future, as a result of the defendant’s negligence. They are awarded for such

things as the cost of reasonable and necessary medical care and lost earnings. Noneconomic

damages are monies awarded as compensation for non-monetary losses and injuries which the

plaintiff has suffered, or is reasonably likely to suffer in the future, as a result of the defendant’s

negligence. They are awarded for such things as physical pain and suffering, mental and

emotional pain and suffering, and loss or diminution of the ability to enjoy life’s pleasures.

I will now instruct you more particularly on economic damages. In this case, the plaintiff seeks

to recover economic damages for each of the following types of monetary losses or expenses:

<Here list each type of monetary loss or expense for which the plaintiff seeks, and the evidence

potentially supports, an award of economic damages. Then, proceed to instruct on each such

claim under the appropriate paragraph(s) below.>

The plaintiff is entitled to recover the reasonable value of medical care and expenses incurred for

the treatment of injuries sustained as a result of the defendant’s negligence. The plaintiff must

prove that the expenses the plaintiff claims were reasonably necessary and proximately caused

by the defendant’s negligence. <If the plaintiff seeks future medical expenses, see Damages -

Future Economic Damages - Medical Expenses, Instruction 3.4-11.>

The plaintiff is also entitled to recover any loss of earnings or earning capacity that the plaintiff

proves to have been proximately caused by the defendant’s negligence. With respect to lost

earnings up to the present time, the plaintiff must prove that the defendant’s negligence has

prevented the plaintiff from receiving the earnings for which the plaintiff seeks compensation.

The plaintiff must do so by establishing a reasonable probability that the plaintiff’s injury

brought about a loss of earnings. The evidence must establish a basis for a reasonable estimate

of that loss.

The plaintiff is also entitled to damages for the loss of future earnings based upon the evidence

as to what the plaintiff probably could have earned but for the harm caused by the defendant’s

negligence and as to what the plaintiff can now earn through the earning period of the plaintiff’s

life.

Let me now turn to noneconomic damages. In this case, the plaintiff seeks to recover

noneconomic damages for each of the following types of non-monetary losses or injuries: <Here

list each type of non-monetary loss or injury for which the plaintiff seeks, and the evidence

potentially supports, an award of noneconomic damages. Then, proceed to instruct on each such

claim under the appropriate paragraph(s) below.>

A plaintiff who is injured by the negligence of another is entitled to be compensated for all

physical pain and suffering, mental and emotional suffering, loss of the ability to enjoy life’s

pleasures, and permanent impairment or loss of function that the plaintiff proves by a fair

preponderance of the evidence to have been proximately caused by the defendant’s negligence.

As far as money can compensate the plaintiff for such injuries and their consequences, you must

award a fair, just, and reasonable sum. You simply have to use your own good judgment in

awarding damages in this category. You should consider the nature and duration of any pain and

suffering that you find.

A plaintiff who is injured by the negligence of another is entitled to be compensated for mental

suffering caused by the defendant’s negligence for the results which proximately flow from it in

the same manner as the plaintiff is for physical suffering.

You should consider, as a separate category for awarding damages in this case, the length of time

the plaintiff was, or will probably be, disabled from engaging in activities which the plaintiff

enjoys.

If you find that it is reasonably probable that the plaintiff has suffered permanent physical harm,

loss of function or disfigurement, the plaintiff is entitled to be compensated for that category of

injury. Your award should be in accordance with the nature and extent of such physical

impairment, loss of function or disfigurement and the length of time the plaintiff is reasonably

expected to endure its negative consequences. <Here it may be appropriate to instruct the jury

as to the use of any evidence of life expectancy that has been introduced.>

<If the plaintiff seeks compensation for a preexisting condition, see Damages - Preexisting

Conditions, Instruction 3.4-14.]