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WI · jury_instructions

Wis JI-Civil 1895

Death of Child: Parent's Loss of Society and Companionship

activein force · 2019-01-01 – presentas-observed

Question asks you to determine [(the parent)s’] [(parent)’s] loss of society and

companionship resulting from the death of (child).

Society and companionship includes the love, affection, care, and protection the

(parents) (parent) would have received from (their) (his) (her) child had (he) (she)

continued to live. It does not include the loss of monetary support from the child or the

grief and mental suffering caused by the child's death.

In determining [(parent)s’] [(parent)’s] loss of society and companionship, you

should consider the age of the deceased child and the ages of the (parents) (parent); the

past relationship between the child and the (parents) (parent); the love, affection, and

conduct of each toward the other; the society and companionship that had been given to

the (parents) (parent) by the child; and the personality, disposition, and character of the

child. The amount inserted by you should reasonably compensate the (parents) (parent)

for any loss of society and companionship (they) (he) (she) (have) (has) sustained since

the death of (child) and the amount you are reasonably certain (they) (he) (she) will

sustain in the future.

Although the law provides that a party cannot recover more than ($350,000)

($500,000) for the loss of a child's society and companionship, this dollar limit is not a

measure of damage; it is a limit on recovery. Therefore, you should determine the amount

that you believe will reasonably compensate (parents) (parent) for any loss of society and

companionship (they) (he) (she) (have) (has) suffered.

History

Wis JI-Civil 1895 (2019). ©2019, 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
975396ca811141c16d27514d210573e49ac7ea9640c7205e9560c08f1c482f8d
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