§10-7-1.1  Pecuniary damages – How determined. –

Published: 2015

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Courts and civil procedure–Procedure in particular actions


Death By Wrongful Act

SECTION 10-7-1.1

   § 10-7-1.1  Pecuniary damages – How

determined. –

Pecuniary damages to the beneficiaries described under § 10-7-2 and

recoverable by the beneficiaries shall be ascertained as follows:

   (1) Determine the gross amount of the decedent's prospective

income or earnings over the remainder of his or her life expectancy, including

all estimated income he or she would probably have earned by his or her own

exertions, both physical and mental. Pecuniary damages shall include the value

of homemaker services lost as a result of the death of a homemaker. The fair

value of homemaker services shall not be limited to moneys actually expended to

replace the services usually provided by the homemaker. In such a suit, the

value of homemaker services may be shown by expert testimony, but expert

testimony is not required.

   (2) Deduct from the amount determined in subdivision (1) the

estimated personal expenses that the decedent would probably have incurred for

himself or herself, exclusive of any of his dependents, over the course of his

or her life expectancy.

   (3) Reduce the remainder thus ascertained to its present

value as of the date of the award. In determining the award, evidence shall be

admissible concerning economic trends, including but not limited to projected

purchasing power of money, inflation, and projected increase or decrease in the

costs of living.

History of Section.

(P.L. 1971, ch. 46, § 1; P.L. 1987, ch. 81, § 2; P.L. 1997, ch. 326,

§ 77.)