WI · jury_instructions
Wis JI-Civil 1892
Damages: Death of Minor Child: Postmajority Pecuniary Loss
(Plaintiffs), as parents of (child), claim loss of pecuniary benefits they would have received
from (child) after (child) reached age 18 had (he) (she) continued to live. If you determine that
(parents) would have received pecuniary benefits from (child) after (he) (she) reached age 18, you
should insert the amount in answer to question.
(Pecuniary benefits means gifts, assistance, and support that can be valued in money.)
In determining whether (parents) would have received pecuniary benefits, you should
consider (parent)s' age, health, employment and earnings, and the degree to which they were
dependent upon (child). You should also consider the (child)'s age, health, employment, earnings,
amounts contributed in the past, if any, and the relationship between (child) and (parents).
(Give Wis JI-Civil 1796 on computation of present value.)
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.
History
Wis JI-Civil 1892 (2001). ©2001, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
aa2e26bed8addef866e676798d6e4d7bca61ca8a08aedfee36433df8aa1b6ae3
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