NC · jury_instructions
N.C.P.I.—Motor Vehicle 106.41
WRONGFUL DEATH DAMAGES-SET OFF/DEDUCTION OF WORKERS' COMPENSATION AWARD.
Evidence has been introduced that the estate received (state dollar
amount) in workers' compensation benefits from (name deceased's)
employer, (state employer's name). Under North Carolina law, the Court
is required to deduct this amount from any amount of damages that you
award the estate1
I have advised you of the amount of the estate's workers'
compensation award for the sole purpose of informing you that such
amount will be deducted by the Court from any amount of damages you
award the estate. You are not to consider the amount of the estate's
workers' compensation recovery for any other purpose. Such awards are
not calculated in accordance with the law of damages applicable to a civil
trial, such as this one. They are determined by statute, according to a
fixed formula.
I therefore instruct you that you are not to be guided or influenced
by the amount of the estate's workers' compensation award in
determining the amount of damages, if any, that you award the estate.
Your decision on the amount of the damages the estate is entitled to
recover is to be governed exclusively by the evidence in this case and the
rules of law I have given you with respect to the measure of damages.
History
N.C.P.I.—Motor Vehicle 106.41 (May 2000). 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
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
e437b797ab19287bd6c9b6ec3a8b1ee1ca150f5a3676e2c94434806fa2b1867c
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