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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.
Illinois Pattern Jury Instruction 5.01 is generally available when the following conditions have been met: (1) the missing witness was under the control of the party to be charged and could have been produced by reasonable diligence; (2) the witness was not equally available to the opposing party; (3) a reasonably ...
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.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
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.?
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.
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.