WI · jury_instructions
Wis JI-Civil 1895
Death of Child: Parent's Loss of Society and Companionship
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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