Florida Jury Instruction — 3.1 Life Expectancy In General is a legal instruction provided to juries in the state of Florida that provides guidance on how to consider life expectancy when determining damages in personal injury or wrongful death cases. This instruction helps the jury understand the concept of life expectancy and its relevance to the calculation of future damages. Keywords: Florida Jury Instruction, 3.1 Life Expectancy, General, damages, personal injury, wrongful death, calculation, future damages. This instruction serves as a guideline for the jury to assess the life expectancy of the plaintiff or the deceased individual, depending on the case. The life expectancy refers to the average number of years a person is anticipated to live based on various factors such as age, gender, health condition, and lifestyle. The purpose of this instruction is to provide the jury with a framework to estimate the number of years that the injured party or the deceased individual would have been expected to live if the accident or incident had not occurred. By factoring in life expectancy, the jury can determine the amount of damages that should be awarded to compensate for the loss of future income, medical expenses, and other damages that may arise due to the injury or death. Different types of Florida Jury Instruction — 3.1 Life Expectancy In General may include variations based on specific circumstances, such as: 1. Personal Injury: This instruction may be applicable in personal injury cases where the plaintiff has suffered severe injuries that may impact their life expectancy. It helps the jury evaluate the potential duration of the plaintiff's future damages and monetary compensation. 2. Wrongful Death: In cases involving wrongful death, this instruction assists the jury in assessing the deceased individual's anticipated life expectancy. It aids in determining the compensation that should be awarded to the surviving family members for the loss of future financial support, companionship, and other related damages. 3. Medical Malpractice: In medical malpractice cases, this instruction may be modified to consider the impact of the alleged negligence or error on the patient's life expectancy. It helps the jury assess the damages, including potential future medical costs and lost earning capacity. In conclusion, Florida Jury Instruction — 3.1 Life Expectancy In General is a crucial legal guideline provided to juries in Florida to facilitate fair and accurate determination of damages in personal injury or wrongful death cases. This instruction allows the jury to consider the life expectancy of the injured party or deceased individual when calculating future damages.
Florida Jury Instruction - 3.1 Life Expectancy In General
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FAQ
The Florida Standard Jury Instruction #501.5(a) states that jurors should try to separate the amount of harm caused by the accident versus the harm that had existed previously in the body. However, if they cannot do so, then they should award damages for the entire condition suffered by the claimant.
?Clear and convincing evidence? is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.
New Mexico, 467 U.S. 310 (1984), "clear and convincing? means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable. States vary with regard to which standard of proof they require.
Clear and convincing evidence is something more than a preponderance of the evidence, it is evidence that leaves you with a firm conviction that the claim is true.
Instruction 401.12b (concurring cause), to be given when the court considers it necessary, does not set forth any additional standard for the jury to consider in determining whether negligence was a legal cause of damage but only negates the idea that a defendant is excused from the consequences of his or her ...
In short, "clear" describes the character of unambiguous evidence, whether true or false; "convincing" describes the effect of evidence on an observer.
Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress.
"Clear and convincing" evidence means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact[s] for which it is offered as proof. Such evidence requires a higher standard of proof than proof by a preponderance of the evidence.