Del. P.J.I. Civ. § 22.1

DAMAGES – PERSONAL INJURY

If you do not find that [plaintiff’s name] has met [his/her] burden to prove

defendant liable for plaintiff’s injury, then your verdict must be for [defendant’s

name]. If you find that [plaintiff’s name] is entitled to recover for damages

proximately caused by the [accident / injury], then you should consider the

compensation to which [he/she] is entitled.

The purpose of a damages award in a civil lawsuit is just and reasonable

compensation for the harm or injury done. Certain guiding principles must be

followed to reach a proper damages award. Damages must be proved with

reasonable probability, and not left to speculation. Damages are speculative when

there is merely a possibility rather than a reasonable probability that an injury exists.

While pain and suffering are proper elements on which to determine monetary

damages, there is no exact standard for measuring such damages. They must be

determined from a conclusion about how long the suffering lasted, the degree of

suffering, and the nature of the injury causing the suffering.

If you find for [plaintiff’s name], you should award [him/her] the sum of

money that in your judgment will fairly and reasonably compensate [him/her] for

the following elements of damages that you find to exist by a preponderance of the

evidence:

(1) compensation for pain and suffering that [he/she] has suffered to date;

(2) compensation for pain and suffering for which it is reasonably probable

that [plaintiff’s name] will suffer in the future;

(3) compensation for permanent impairment;

(4) compensation for reasonable and necessary medical expenses incurred

to date;

(5) compensation for reasonable and necessary medical expenses that it is

reasonably probable that [plaintiff’s name] will incur in the future;

(6) compensation for loss of earnings suffered to date; and

(7) compensation for earnings that will probably be lost in the future.

In evaluating pain and suffering, you may consider its mental as well as its

physical consequences. You may also consider such things as discomfort, anxiety,

grief, or other mental or emotional distress that may accompany any deprivation of

usual pleasurable activities and enjoyments.

In evaluating impairment or disability, you may consider all the activities that

[plaintiff’s name] used to engage in, including those activities for work and

pleasure, and you may consider to what extent these activities have been impaired

because of the injury and to what extent they will continue to be impaired for the

rest of [his/her] life expectancy.

{If applicable}: It has been agreed that a person of [plaintiff’s name]’s age and

sex would have a life expectancy of [___] years.

The law does not prescribe any definite standard by which to compensate an

injured person for pain and suffering or impairment, nor does it require that any

witness or counsel should have expressed an opinion about the amount of damages

that would compensate for such injury. Your award should be just and reasonable

in light of the evidence and reasonably sufficient to compensate [plaintiff’s name]

fully and adequately.