• 2000 - Elements of Damages (Personal Injury, NDCC 32-03.2-04)
  • C-70.35
    • Damages
    • Damages
    • Economic Damages
    • Non-economic Damages
    • Personal Injury
  • In arriving at the amount of your verdict for damages arising from personal injury, you may consider and award compensation for economic damages and compensation for non-economic damages, proximately resulting from the injury. Economic Damages The term "economic damages" includes damages arising from medical expenses and medical care, rehabilitation services, custodial care, loss of earnings, loss of earning capacity, loss of income, loss of support, cost of substitute domestic services, loss of employment, loss of business, and loss of employment opportunities. Compensation for economic damages such as medical expenses and medical care, custodial care, substitute domestic services, and rehabilitation services is measured by the reasonable value, not exceeding the actual cost of the goods or services reasonably required and actually furnished to the injured party or that are reasonably certain to be required in the future. Compensation for economic damages such as loss of earnings, loss of earning capacity, loss of income, loss of support, loss of employment, loss of business, and loss of business opportunities is measured by the reasonable value of those losses the injured party has sustained and the reasonable value of those losses the injured party is reasonably certain to sustain in the future. Non-economic Damages The term "non-economic damages" includes damages arising from pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress, fear of injury, fear of loss, fear of illness, loss of society and companionship, loss of consortium, injury to reputation, and humiliation. Compensation for non-economic damages such as pain, suffering, physical impairment, disfigurement, mental anguish, emotional distress, fear of injury, fear of loss, fear of illness, injury to reputation, humiliation, and inconvenience is measured by the reasonableness of the award in the light of all the circumstances of the case. In considering the reasonableness of an award, you may consider whether the element of damage is temporary or permanent and whether in the future it can or will be averted or relieved.
    • 32-03.2
  • Notes: This chapter applies to claims for relief for damages for injury to persons accruing after July 1, 1987. If damages for loss of support; loss of society and companionship; or loss of consortium are claimed by the spouse of the injured party, use NDJI C - 18.00, Loss of Consortium, for elements of damages for that kind of loss. If damages for loss of support are allowed to a party under this instruction, NDJI C -70.22, those damages should not also be allowed to that party under NDJI C - 18.00, Loss of Consortium.