N.C.P.I.—Civil 809.114

(Use for medical malpractice cases filed on or after 1

October 2011. For all other cases, use N.C.P.I.-Civil

810.14.)

(This document has an attachment: N.C. Gen. Stat. §

8-46 Mortality Table. Directions for accessing the

attachment appear at the end of this document,

immediately above the endnotes.)

NOTE WELL: Be mindful of which category of

permanent injury the plaintiff seeks for the purpose of

segregating non-economic damages (pain,

disfigurement, loss of use of part of the body) from

economic damages (medical expenses, earnings) in the

issue sheet. Giving this instruction and N.C.P.I.-Civil

809.115 (permanent injury/non-economic) may be

necessary.

When this instruction is given, you also should give N.C.P.I.-

Civil 810.16 (“Future Worth in Present Value”).

Economic damages for personal injury also include fair

compensation for permanent injury1 incurred by the plaintiff as a

proximate result of the negligence of the defendant. An injury is

permanent when any of its effects will continue throughout the plaintiff's

life.2 These effects may include [medical expenses] [loss of earnings]

[state any other element of economic damages supported by the

evidence] to be incurred or experienced by the plaintiff over his life

expectancy. (For purposes of this determination, you are not to consider

[pain and suffering] [scarring and disfigurement] [(partial) loss (of use)

of part of the body] [loss of consortium] [state any other element of non-economic damages supported by the evidence]. I will instruct you about

those types of damages separately.)

However, the plaintiff is not entitled to recover twice for the same

element of damages. Therefore, you should not include any amount you

already have allowed for [medical expenses] [loss of earnings] [state any

other element of economic damages supported by the evidence] because

of permanent injury.

Life expectancy is the period of time the plaintiff may reasonably

be expected to live. [The life expectancy tables are in evidence.] [The

court has taken judicial notice of the life expectancy tables.]3 They show

that for someone of the plaintiff's present age, (state present age), his

life expectancy is (state expectancy) years.

In determining the plaintiff's life expectancy, you will consider not

only these tables, but also all other evidence as to his health, his

constitution and his habits.4

Mortality Table found in attached PDF.

(The Mortality Table cannot be electronically copied, edited or saved. It

can only be printed. To print, do the following: i) open the instruction

from the electronic Table of Contents; ii) click on the Instruction

References Tab at the top of the right border; iii) after the Instruction

References menu opens to the left of the tab, double-click on the NCGS §

8-46 Mortality Table attachment; iv) print the attachment by clicking on

the printer icon.)