NC · jury_instructions
N.C.P.I.—Civil 810.12
PERSONAL INJURY DAMAGES-LOSS (OF USE) OF PART OF THE BODY.
Damages for personal injury also include fair compensation for the
(partial) loss of (use of) (identify part of body affected) experienced by
the plaintiff as a [proximate result of the negligence] [result of the
wrongful conduct] of the defendant. There is no fixed formula for placing
a value on the (partial) loss (of use) of part of the body. You must
determine what is fair compensation by applying logic and common sense
to the evidence. You may consider:
[the extent of any [past] [present] [future]1 disability or handicap2
[proximately caused by the negligence] [caused by the wrongful conduct]
of the defendant]
[any [past] [present] [future]3 inconvenience or hardship
[proximately caused by the negligence] [caused by the wrongful conduct]
of the defendant]
[(specify any other factor supported by the evidence)].
However, the plaintiff is not entitled to recover twice for the same
element of damages. Therefore, you should not include any amount you
have already allowed for [loss of earnings] [pain and suffering] [scarring
or disfigurement] because of the (partial) loss of (use of) (identify part of
body affected).
History
N.C.P.I.—Civil 810.12 (June 2010). 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
fffd287e2b3a720974f01408f84d2dbab62d06b9124447de73493a254647d147
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