Section 43 Damage Instruction

• Library: Damages 2012

There are two damages instructions for lost chance cases. MAI 21.09 [1996 revision] provides the general instruction as to how to assess damages for lost chance actions. The first part of the instruction directs the jury to determine the damages sustained before the death and the damages sustained by the survivors after the death. The Notes on Use of this instruction explain that these damages are to be determined in accordance with the elements of damages in a wrongful death case as set forth in...