NC · jury_instructions
N.C.P.I.—Civil 810.04C
PERSONAL INJURY DAMAGES - MEDICAL EXPENSES - NO STIPULATION, NO REBUTTAL EVIDENCE.
(Use for claims arising on or after 1 October 20111
when the plaintiff has offered evidence of the amount
paid or necessary to be paid, and the defendant has
not offered rebuttal evidence. For claims arising before
1 October 2011, use N.C.P.I.-Civil 810.04.)
Medical expenses include all [hospital] [doctor] [drug] [state other
expenses] bills reasonably [incurred]2 [to be incurred in the future]3 by
the plaintiff as a [proximate result of the negligence] [result of the
wrongful conduct] of the defendant.
To be reasonably incurred, medical expenses must have been:
(1) reasonably necessary for the proper treatment of the plaintiff's
injury,4 (2) incurred as a [proximate result of the defendant's negligence]
[result of the defendant's wrongful conduct] and (3) reasonable in
amount.
To show that the amount of claimed medical expenses is
reasonable,5 the plaintiff must prove by the greater weight of the
evidence the amount actually paid for medical services (and the amount
necessary to satisfy medical expenses that have not yet been paid). If
you find that the plaintiff has proved [this amount] [these amounts],
then the law presumes that [this amount is] [these amounts are]
reasonable. I charge you that this presumption is binding on you. This
means that if you find by the greater weight of the evidence the amount
actually paid for medical services (and the amount necessary to satisfy
medical expenses that have not yet been paid), then you also must find
that the medical expenses were reasonable in amount.
Additionally, the plaintiff must prove by the greater weight of the
evidence that the medical services performed were reasonably necessary
for the treatment of plaintiff's injuries and that the services were
necessary as a [proximate result of the defendant's negligence] [result of
the defendant's wrongful conduct]. [I already have instructed you on the
definition of proximate cause, and that definition applies equally here.]6
History
N.C.P.I.—Civil 810.04C (June 2013). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
cbefeb025bd989aeb5e42287f2e49fa60ae7ecc20e906168bb825674a47a2d5d
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