N.C.P.I.—Civil 810.50

(For medical malpractice cases filed on or after 1

October 2011, use N.C.P.I.-Civil 809.150 and 809.151)

Damages for (name deceased)'s death also include fair

compensation for the present monetary value of (name deceased) to his

next-of-kin.2 (In this case, (name deceased)'s next-of-kin are (name

persons and specify relationships).)

There is no fixed formula for determining the present monetary

value of (name deceased) to his next of kin. You must determine what is

fair compensation by applying logic and common sense to the evidence.3

You may consider:

[The net income (name deceased) would have earned during the

remainder of his life. You must subtract from (name deceased)'s

reasonably expected income the amount he would have spent on himself

or for other purposes which would not have benefited his next of kin.4

The amount he would have earned depends upon his prospects in life,

health, character, ability, industry and [the means he had for making

money] [the business in which he was employed]. It also depends upon

his life expectancy- that is, the length of time he could reasonably have

been expected to live but for the [negligence] [wrongful conduct] of the

defendant.]

[The services, protection, care and assistance of (name deceased),

whether voluntary or obligatory, to his next-of-kin.5 These words are to

be given their ordinary meanings. You may consider the family and

personal relations between (name deceased) and his next-of-kin, and

what you find to be the reasonable value of the loss to them of these

things over the lifeexpectancy of (name deceased)6 (or, as I will explain

to you, over a shorter period).7]

[The society, companionship, comfort, guidance, kindly offices and

advice of (name deceased) to his next-of-kin.8 These words are to be

given their ordinary meaning. You may consider the family and personal

relations between (name deceased) and his next-of-kin and what you find

to be the reasonable value of the loss to them of these things over the

life expectancy of (name deceased)9 (or, as I will explain to you, over a

shorter period.)]

As I have indicated, in determining (name deceased)'s [net income

expectancy] [the value of his services, protection, care and assistance]

[the value of his society, companionship, comfort, guidance, kindly offices

and advice], you must consider his life expectancy.10 Life expectancy is

the period of time (name deceased) may reasonably have been expected

to live but for the [negligence] [wrongful conduct] of the defendant. The

life expectancy tables are in evidence.11 They show that for one of (name

deceased)'s age at the time of his death, his life expectancy would have

been (state expectancy) years. In determining (name deceased)'s life

expectancy, you will consider not only these tables, but also all other

evidence as to his health, his constitution and his habits.12

(The life expectancy tables show that, at the time of the death of

(name deceased), the life expectancy for (name next-of-kin) was (state

expectancy), which was shorter than the expectancy shown by the tables

for (name deceased). Therefore, you must determine the expectancy of

(name next-of-kin) as well as the expectancy of (name deceased). In

determining the expectancy of (name next-of-kin), you will consider not

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

constitution and his habits. If you find that the expectancy of (name

next-of-kin) is shorter than that of (name deceased), you will determine

the monetary value of the (name deceased) to (name next-of-kin) by the

shorter of the two life expectancies. In other words, when the

expectancy of a next-of-kin is shorter than that of a deceased, the award

to the next-of-kin is limited to the value of benefits he might have

expected to receive during his own life.)13

In determining the amount of actual damages to be awarded to

(name deceased)'s next-of-kin, you are not limited to the things which I

have mentioned. You may consider any other evidence which reasonably

tends to establish the monetary value of (name deceased) to his next-of-kin.

Any amount you allow as damages for the future monetary value of

(name deceased) to his next-of-kin must be reduced to its present value,

because a smaller sum received now is equal to a larger sum received in

the future. (There is evidence before you that (name deceased)'s future

monetary value to his next-of-kin already has been reduced to its present

value. Whether it has in fact been so reduced is for you to determine

from the evidence and from your logic and common sense. However, if

you find that (name decedent)'s monetary value to his next-of-kin already

has been reduced to present value, you must not reduce it again.)