PJC Malpractice 2024

W RONGFUL D EATH D AMAGES

PJC 81.4

PJC 81.4

Wrongful Death Damages—Claim of Surviving Child

QUESTION ______ What sum of money, if paid now in cash, would fairly and reasonably com pensate Paul Payne, Jr. for his damages, if any, resulting from the death of Mary Payne ? Consider the elements of damages listed below and none other. Consider each element separately. Do not award any sum of money on any element if you have otherwise, under some other element, awarded a sum of money for the same loss. That is, do not compensate twice for the same loss, if any. Do not include interest on any amount of damages you find. Answer separately, in dollars and cents, for damages, if any. Do not reduce the amounts, if any, in your answers because of the negligence, if any, of Mary Payne . Any recovery will be determined by the court when it applies the law to your answers at the time of judgment. 1. Pecuniary loss sustained in the past. “Pecuniary loss” means the loss of the care, maintenance, support, ser vices, advice, counsel, and reasonable contributions of a pecuniary value, excluding loss of inheritance, that Paul Payne, Jr. , in reasonable probability, would have received from Mary Payne had she lived. Answer: _______________ 2. Pecuniary loss that, in reasonable probability, Paul Payne, Jr. will sustain in the future. Answer: _______________ 3. Loss of companionship and society sustained in the past. “Loss of companionship and society” means the loss of the positive ben efits flowing from the love, comfort, companionship, and society that Paul Payne, Jr. , in reasonable probability, would have received from Mary Payne had she lived. Answer: _______________ 4. Loss of companionship and society that, in reasonable probability, Paul Payne, Jr. will sustain in the future. Answer: _______________

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