CACI  INSTRUCTIONS

CACI 3903A-N

3903A Medical Expenses - Past and Future (Economic Damage)


[Insert number, e.g., "1."] [Past] [and] [future] medical expenses.

[To recover damages for past medical expenses, [name of plaintiff] must prove the reasonable cost of reasonably necessary medical care that [he/she] has received.]

[To recover damages for future medical expenses, [name of plaintiff] must prove the reasonable cost of reasonably necessary medical care that [he/she] is reasonably certain to need in the future.]


3903B. Medical Monitoring - Toxic Exposure (Economic Damage)

[Insert number, e.g., "2."] The cost of future medical monitoring. To recover damages for this item, [name of plaintiff] must prove both of the following:
    1. That as a result of the toxic exposure, the need for future monitoring is reasonably certain; and
    2. That the monitoring is reasonable.

In deciding these issues, you should consider the following:
   (a) The significance and extent of [name of plaintiff]'s exposure to the chemical(s);
   (b) The toxicity of the chemical(s);
   (c) The relative increase in [name of plaintiff]'s chance of getting the disease as a result of the exposure, when compared to:
       (i) [his/her] chances of developing the disease had [he/ she] not been exposed, and
       (ii) the chances that members of the public at large will develop the disease;
   (d) The seriousness of the disease that may result from the exposure; [and]
   (e) The medical benefit of early detection and diagnosis; [and] (f) [Insert other relevant factor(s).

[Name of defendant] is not required to pay for medical monitoring that is required for reasons other than [name of plaintiff]'s exposure to toxic chemicals.]

[Name of defendant] is only required to pay for additional or different monitoring that is required because of the toxic exposure.]

CACI 3903C. Past and Future Lost Earnings (Economic Damage)

[Insert number, e.g.,<"3."] [Past] [and] [future] lost earnings.

[To recover damages for past lost earnings, [name of plaintiff] must prove the amount of [insert one or more of the following:income/earnings/salary/wages] that [he/she] has lost to date.]

[To recover damages for future lost earnings, [name of plaintiff] must prove the amount of [insert one or more of the following: income/earnings/salary/wages] [he/she] will be reasonably certain to lose in the future as a result of the injury.]




CACI are the approved jury instructions from the Judicial Council of California. Jury instructions are read to the jury by the judge and establish the law the jury must follow in deciding the case. A partner of Cheong, Denove, Rowell, Bennett & has been formally recognized as one of the attorneys who assisted the task force in the preparation of these jury instructions.

 

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