Jury Instructions-Example 2 for Car Accident Case

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Jury Instructions

The law regarding this case is contained in the instructions I will give to you. You must consider the Court's instructions as a whole, not picking out some instructions and disregarding others.

It is your duty to resolve this case by determining the facts and following the law given in the instructions. Your verdict must not be based upon speculation, prejudice, or sympathy.

You will decide what facts have been proven. Facts may be proven by evidence or reasonable inferences drawn from the evidence. Evidence consists of the testimony of witnesses and of exhibits admitted by the court. You should consider all the evidence without regard to which party produced it. You may use common sense gained from your experiences in life in evaluating what you see and hear during trial.

You are the only judges of the credibility of the witnesses. You will decide the weight to be given to the testimony of each of them. In evaluating the credibility of a witness you may consider that witness' ability and opportunity to observe, memory, manner, interest, bias, qualifications, experience, and any previous inconsistent statement or act by the witness concerning an issue important to the case.

An opening statement is what an attorney expects the evidence will be. A closing argument is given at the conclusion of the case and is a summary of what an attorney contends the evidence has shown. If any statement or argument of an attorney is not supported by the law or the evidence you should disregard that statement.

The Defendant, Rebecca Manley has admitted that she is liable. There are other issues you will still need to decide.

Now that the evidence has concluded, I will further instruct you as to the law and your duties. I have not meant to indicate any opinion as to the facts of this case by any of my rulings, remarks, or instructions.

When I say that a party has the burden of proof on any proposition, or use the expression “if you find,” or “if you decide,” I mean you must be persuaded, considering all the evidence in the case, that the proposition on which he or she has the burden of proof is more probably true than not true.

Under Count I, the plaintiff, Steven Newbern, claims that he was injured and sustained damage as a result of the automobile accident. The defendant, Rebecca Manley, has admitted liability. However, the defendant denies the plaintiff was injured to the extent claimed.

Under Count II, the plaintiff, Jenettann Trimble, claims that she was injured and sustained damage as a result of the automobile accident. The defendant, Rebecca Manley, has admitted liability. However, the defendant denies the plaintiff was injured to the extent claimed.

Under Count III, the plaintiff, K.T., claims that she was injured and sustained damage as a result of the automobileaccident. The defendant, Rebecca Manley, has admitted liability. However, the defendant denies the plaintiff was injured to the extent claimed.

Under Count IV, the plaintiff, T.S., claims that he was injured and sustained damage as a result of the automobileaccident. The defendant, Rebecca Manley, has admitted liability. However, the defendant denies the plaintiff was injured to the extent claimed.

The defendant, Rebecca Manley, has admitted liability for any injury which may have proximately resulted from the occurrence. You need only decide what amount of money will reasonably and fairly compensate the plaintiffs for those injuries.

Under Count I, for the plaintiff, Steven Newbern, you must fix the amount of money which will reasonably and fairly compensate him for any of the following elements of damages proved by the evidence to have resulted from the negligence of the defendant, Rebecca Manley.

a. The disability experienced and reasonably certain to be experienced in the future as a result of the injuries;

b. The pain and suffering experienced and reasonably certain to be experienced in the future as a result of the injuries;

c. The reasonable expenses and necessary medical care, treatment, and services received;

d. The present cash value of the reasonable expenses and necessary medical care, treatment, and services reasonably certain to be received in the future; and,

e. The value of salaries lost.

Whether any of these elements of damages has been proved by the evidence is for you to determine.

Under Count II, for the plaintiff, Jenettann Trimble, you must then fix the amount of money which will reasonably and fairly compensate her for any of the following elements of damages proved by the evidence to have resulted from the negligence of the defendant, Rebecca Manley.

a. The aggravation of any pre-existing ailment or condition;

b. The disability experienced and reasonably certain to be experienced in the future as a result of the injuries;

c. The pain and suffering experienced and reasonably certain to be experienced in the future as a result of the injuries;

d. The reasonable expenses and necessary medical care, treatment, and services rendered; and,

e. The present cash value of the reasonable expenses and necessary medical care, treatment, and services reasonably certain to be received in the future.

Whether any of these elements of damages has been proved by the evidence is for you to determine.

Under Count III, for the plaintiff, K.T., a minor, by her mother, Jenettann Trimble, you must fix the amount of money which will reasonably and fairly compensate her for any of the following elements of damages proved by the evidence to have resulted from the negligence of the defendant, Rebecca Manley.

a. The pain and suffering experienced and reasonably certain to be experienced in the future as a result of the injuries;

b. The reasonable expenses and necessary medical care, treatment, and services rendered; and,

c. The present cash value of the reasonable expenses and necessary medical care, treatment, and services reasonably certain to be received in the future.

Whether any of these elements of damages has been proved by the evidence is for you to determine.

Under Count IV, for the plaintiff, T.S., a minor, by his mother, Jenettann Trimble, you must fix the amount of money which will reasonably and fairly compensate him for any of the following elements of damages proved by the evidence to have resulted from the negligence of the defendant, Rebecca Manley.

a. The pain and suffering experienced and reasonably certain to be experienced in the future as a result of the injuries;

b. The reasonable expenses and necessary medical care, treatment, and services rendered; and,

c. The present cash value of the reasonable expenses and necessary medical care, treatment, and services reasonably certain to be received in the future.

Whether any of these elements of damages has been proved by the evidence is for you to determine.

As to the plaintiff, Jenettann Trimble, you may not deny or limit plaintiff's right to damages resulting from this occurrence because any injury resulted from an aggravation of a pre-existing condition or a pre-existing condition which rendered the plaintiff more susceptible to injury.

If you find that a plaintiff is entitled to damages arising in the future because of injuries or because of future medical expenses, you must determine the amount of these damages which will arise in the future.

If these damages are of a continuing nature, you may consider how long they will continue.

In computing the damages arising in the future because of future medical expenses you must not simply multiply the expenses by the length of time you have found they will continue. Instead, you must determine their present cash value. “Present cash value” means the sum of money needed now, which, when added to what that sum may reasonably be expected to earn in the future, will equal the amount of the expenses at the time in the future when the expenses must be paid.

Damages for pain and suffering and disability are not reduced to present cash value.

When you retire to the jury room you will first select a foreperson. He or she will preside during your deliberations.

Your verdict must be unanimous.

Forms of verdicts are supplied with these instructions. After you have reached your verdict, fill in and sign the appropriate form of verdict and return it to the court. Your verdict must be signed by each of you. You should not write or mark upon this or any of the other instructions given to you by the court.

A verdict should be returned with respect to the claims of each plaintiff.

Under Count I;

For the plaintiff, Steven Newbern, use Verdict Form A.

Under Count II;

For the plaintiff, Jenettann Trimble, use Verdict Form B.

Under Count III;

For the plaintiff, K.T., use Verdict Form C.

Under Count IV;

For the plaintiff, T.S., use Verdict Form D.

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