Wis JI-Civil 1880

Subdivision of question asks what sum of money would fairly compensate the

children of (name of deceased) for the pecuniary loss suffered by them as a result of the death

of their (father) (mother).

In answering this subdivision of question, you will insert as your answer such sum

of money representing the pecuniary loss, if any, as you may find has been sustained by the

plaintiff children by reason of the (father)'s (mother)'s death resulting from the injuries

received in the accident.

The term "pecuniary loss" means the same as financial loss, and in answering this

question and assessing damages to the plaintiff children, you are to restrict it to that meaning.

You are not to include anything in your answer to the subdivision of question on account

of any grief or injury to feelings or like suffering on the part of the plaintiff children, nor

should the fact that the (father)'s (mother)'s death may have hastened the period when the

children came into possession of the (father)'s (mother)'s estate be considered by you in

arriving at your answer to this subdivision.

In arriving at your answer to this subdivision, you will consider the number of years

the (father) (mother) would probably have lived had it not been for the injury sustained as a

result of the accident; the reasonable expectation of the amount of (his) (her) estate and

property being increased, and the reasonable expectation which the plaintiff children had of

pecuniary advantage by ultimately receiving a share of such earnings as one of (his) (her)

next of kin; the reasonable expectation of pecuniary benefit to the children, or any of them,

by way of support, or otherwise, had the deceased continued to live without such injury.

[In considering the pecuniary loss, if any, sustained by a minor child or children upon

the death of a parent, you may consider the care and nurture and the intellectual, moral, and

physical training which the parent would have given the child or children except for such

parent's death, such as when obtained from others, must be for financial compensation.]

You may properly consider the state of health of the (father) (mother) at and before

the time of (his) (her) death, (his) (her) habits of industry, and (his) (her) ability to work and

save and accumulate property.

[While the plaintiff has the burden of establishing pecuniary loss, the evidence

relating to this item need not be as exact or precise as evidence needed to support your

findings as to other items of damage. The reason for this rule is that the concept of pecuniary

loss requires that you consider factors which, by their very nature, do not admit of any precise

or fixed rule. You, therefore, are not required in determining the pecuniary loss to base your

answer on evidence which is exact or precise but rather upon evidence which, under all of the

circumstances of the case, reasonably supports your determination of damages.]