Del. P.J.I. Civ. § 22.10

DAMAGES - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

If you find that [plaintiff’s name] has proven the liability of [defendant’s

name] for the intentional infliction of severe emotional distress, then you may

consider the amount of damages that [plaintiff’s name] may recover.

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

compensation for the harm done. Certain guiding principles of law must be followed

to reach a proper damages award. In order to be recoverable, damages must be

proved with reasonable probability and not left to speculation. Damages are termed

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 the length of suffering,

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] a sum of money that in your

judgment will fairly and reasonably compensate [him/her] for the following

elements of damages, which you find to exist by a preponderance of the evidence:

{Where there is no evidence of physical injury}:

Any monetary expenses, mental pain and suffering, fright, nervousness,

indignity, humiliation, embarrassment, and insult that plaintiff was subjected to or

will be subjected to in the future that are a direct result of [defendant’s name]’s

conduct.

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

injured person for mental pain and suffering and other aspects of severe emotional

distress, nor does it require that any witness or counsel express an opinion as to the

amount of damages that would compensate for that injury. Your award should be

just and reasonable in light of the evidence and reasonably sufficient to compensate

[plaintiff’s name] fully and adequately.

{Where there has been physical injury}:

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

(2) compensation for pain and suffering that 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.

The law does not prescribe any definite standard to compensate an injured

person for pain and suffering, mental anguish, impairment or disfigurement, nor does

it require that any witness or counsel express 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.