Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 200 - BUSINESS OF COURTS › Rule 223.3 - Conduct of the Trial. Actions for Bodily Injury or Death. Jury Instructions on Noneconomic Loss

Current through Register Vol. 54, No. 28, July 13, 2024
In any action for bodily injury or death in which a plaintiff
				  has raised a claim for a damage award for noneconomic loss that is viable under
				  applicable substantive law, the court shall give the following instructions to
				  the jury.
The plaintiff has made a claim for a damage award for past
				  and for future noneconomic loss. There are four items that make up a damage
				  award for noneco-nomic loss, both past and future:
(1) pain and suffering;
(2) embarrassment and humiliation;
(3) loss of ability to enjoy the pleasures of
				life; and
(4)
				disfigurement.
The first item to be considered in the plaintiff's claims for
				  damage awards for past noneconomic loss and for future noneconomic loss is pain
				  and suffering. You are instructed that plaintiff is entitled to be fairly and
				  adequately compensated for all physical pain, mental anguish, discomfort,
				  inconvenience, and distress that you find (he) (she) has endured from the time
				  of the injury until today and that plaintiff is also entitled to be fairly and
				  adequately compensated for all physical pain, mental anguish, discomfort,
				  inconvenience, and distress you find (he) (she) will endure in the future as a
				  result of (his) (her) injuries.
The second item that goes to make up noneconomic loss is
				  embarrassment and humiliation. Plaintiff is entitled to be fairly and
				  adequately compensated for such embarrassment and humiliation as you believe
				  (he) (she) has endured and will continue to endure in the future as a result of
				  (his) (her) injuries.
The third item is loss of enjoyment of life. Plaintiff is
				  entitled to be fairly and adequately compensated for the loss of (his) (her)
				  ability to enjoy any of the pleasures of life as a result of the injuries from
				  the time of the injuries until today and to be fairly and adequately
				  compensated for the loss of (his) (her) ability to enjoy any of the pleasures
				  of life in the future as a result of (his) (her) injuries.
The fourth and final item is disfigurement. The disfigurement
				  that plaintiff has sustained is a separate item of damages recognized by the
				  law. Therefore, in addition to any sums you award for pain and suffering, for
				  embarrassment and humiliation, and for loss of enjoyment of life, the plaintiff
				  is entitled to be fairly and adequately compensated for the disfigurement (he)
				  (she) has suffered from the time of the injury to the present and that (he)
				  (she) will continue to suffer during the future duration of (his) (her)
				  life.
In considering plaintiff's claims for damage awards for past
				  and future noneconomic loss, you will consider the following factors:
(1) The age of the plaintiff;
(2) the severity of the injuries;
(3) whether the injuries are temporary or
				permanent;
(4) the extent to which
				the injuries affect the ability of the plaintiff to perform basic activities of
				daily living and other activities in which the plaintiff previously
				engaged;
(5) the duration and nature
				of medical treatment;
(6) the
				duration and extent of the physical pain and mental anguish which the plaintiff
				has experienced in the past and will experience in the future;
(7) the health and physical condition of the
				plaintiff prior to the injuries; and
(8) in case of disfigurement, the nature of the disfigurement and
				the consequences for the plaintiff.