Illinois Jury Instruction - 11.11.1 General Instruction
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FAQ
Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.
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.
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.
30.04.02 Loss of a Normal Life--Definition This includes a person's inability to pursue the pleasurable aspects of life.
These instructions or directions help jurors pinpoint a case's specific issues, as well as those laws that are applicable and determinative of the outcome.
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.?
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Parents, children, and siblings of an injured party may be eligible to file a claim for loss of society and companionship damages. The damages in this type of claim are intended to compensate the loved ones of an accident victim for the deprivation of his or her guidance, comfort, love, affection, and companionship.