Fill and Sign the State V Moriarty 361 Sw2d 133casetext Form

IN THE CIRCUIT COURT OF COUNTY MISSISSIPPI PLAINTIFF VS. NO. DEFENDANT JURY INSTRUCTION NO. You are instructed that just compensation is a decision to be made by the jury. Your discretion as to the measure of damages is wide, but not unlimited, and you may not act arbitrarily. Exercise your discretion as to the amount of damages reasonably, intelligently and in harmony with the evidence of the case and the Court's instructions. The damages for personal injury cannot be assessed by any fixed rule, but you are the sole judges as to the measure of damages in this case. Should your verdict be for the Plaintiff in this case, you may consider the following factors to determine the amount of damages to award as may be shown by a preponderance of the evidence: 1. The amount of severe emotional distress inflicted on the Plaintiff, if any. 2. Past, present and future physical pain and suffering and resulting mental anguish and anxiety, if any. 3. Reasonable and necessary medical expenses already incurred and those which are reasonably probable to be incurred in the future, if any. 4. Any future disability or impairment that is reasonably probable to occur, its duration and its effect, if any, on Plaintiff's future earning capacity. In arriving at the amount of your award, if any, for any loss of future earning capacity, you should consider what the Plaintiff's health, physical ability, age and earning power were before the injury and the effect of the Plaintiff's injuries, if any, upon them.5. Past loss of wages. 6. Any loss of enjoyment of life.