Courts and civil procedureProcedure in particular actions
Death By Wrongful Act
§ 10-7-1.1 Pecuniary damages How
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,