Del. P.J.I. Civ. § 22.8

WRONGFUL DEATH

The law recognizes that when a person dies as the result of another’s wrongful

conduct, there is injury not only to the deceased but also to immediate family

members. While it is impossible to compensate the deceased for the loss of [his/her]

life, it is possible to compensate certain family members for the losses that they have

suffered from the death of a loved one. For this reason, Delaware law provides that

when a person dies as a result of another’s wrongful act, certain family members

may recover fair compensation for their losses resulting from the death. In

determining a fair compensation, you may consider the following:

(1) the loss of the expectation of monetary benefits that would have

resulted from the continued life of [decedent’s name]; that is, the expectation of

inheritance that [name of family beneficiaries] have lost;

(2) the loss of the portion of [decedent’s name]’s earnings and income that

probably would have been used for the support of [names of family beneficiaries];

(3) the loss of [decedent’s name]’s parental, marital, and household

services, including the reasonable cost of providing for the care of minor children;

(4) the reasonable cost of funeral expenses, not to exceed $7000; and

(5) the mental anguish suffered by [names of eligible family beneficiaries]

as a result of [decedent’s name]’s death.

The term “mental anguish” encompasses the grieving process associated with

the loss of a loved one. You may consider that the grieving process, accompanied

by its physical and emotional upheaval, will be experienced differently by different

people, both in its intensity and in its duration. The ability to cope with the loss may

be different for each person.

There is no fixed standard or measurement. You must determine a fair award

through the exercise of your judgment and experience after considering all the facts

and circumstances presented to you during the trial.

While [plaintiff’s name] carries the burden of proving [his/her/their] damages

by a preponderance of the evidence, [he/she/they] [is/are] not required to claim and

prove with mathematical precision exact sums of money representing their damages

for mental anguish. It is required only that [plaintiff’s name] furnish enough

evidence so that you, the jury, can make a reasonable determination of those

damages.