Damages in a Personal Injury Claim in State of Washington
Posted Monday, June 15, 2020 by Ed Harper
Please find the standard jury instruction(s) for the measure of damages for an injured person. There are several categories, and each can provide an avenue for the plaintiff to recover. Let us at Harper Law provide you with answers if you have questions regarding your personal injury claim.It is the duty of the court to instruct you as to the measure of damages. Byinstructing you on damages the court does not mean to suggest for which party yourverdict should be rendered.If your verdict is for the plaintiff, then you must determine the amount of moneywhich will reasonably and fairly compensate the plaintiff for such damages as you findwere proximately caused by the negligence of the defendant and/or unidentified driver.You should consider the following economic damage elements:1. The reasonable value of necessary medical care, treatment andservices received to the present time.2. The reasonable value of necessary medical care, treatment, andservices with reasonable probability to be required in the future.3. The reasonable value of earnings, earning capacity, salaries, employment, earning opportunities lost to the present time.4. The reasonable value of earnings, earning capacity, salaries, employment, earning opportunities with reasonable probability to be lost in the future. In addition, you should consider the following non-economic damage elements:5. The nature and extent of the injuries.6. The disability and disfigurement experienced and with reasonableprobability to be experienced in the future.7. The pain and suffering, both mental and physical, experiencedand with reasonable probability to be experienced in the future.8. The loss of enjoyment of life experienced and with reasonableprobability to be experienced in the future.The burden of proving damages rests upon the plaintiff and it is for you todetermine, based upon the evidence, whether any particular element has been proved by a preponderance of the evidence.
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