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Undue Influence Influence is ?undue? when it ?prevents the testator from exercising his own will in the disposition of his estate? such that the testator's will is rendered more the will of another. Id., 69 Ill. Dec. at 963.
Elements of damages, such as medical expenses or lost wages, but can be challenging with the more subjective elements, such as pain and suffering, loss of consortium/society or future damages. Thus, it is helpful to look at cases interpreting the specific elements of damage for guidance.
30.04.02 Loss of a Normal Life--Definition This includes a person's inability to pursue the pleasurable aspects of life.
This term specifically relates to personal injury cases, when a defendant's negligence or reckless behavior causes the victim's family to lose a connection with the victim. Loss of consortium cases happen when a partner or family lose the joys of companionship, affection, love, comfort, or sexual intimacy.
Illinois Pattern Jury Instruction (I.P.I.) 30.04. 02 defines loss of a normal life, as ?When I use the expression ?loss of a normal life,? I mean the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life.?