• 2002 - Life Expectancy (Wrongful Death)
  • C-70.47
    • Damages
    • Damages
    • Life Expectancy
    • Wrongful Death
  • The Decedent, _______________, was ___ years of age at the time of the incident. The Plaintiff, _______________, was ____ years of age at the time of this trial. According to [identify mortality table], the life expectancy of an individual, ____ years of age is _____ years, and the life expectancy of an individual, ______ years of age is ______. These facts, of which the Court takes judicial notice, are now in evidence to be considered by you in arriving at the amount of damages, if any, to be awarded. However, the restricted significance of this evidence should be noted. Life expectancy, as shown by a mortality table, is merely an estimate of the probable average remaining length of life of all individuals in our country of a given age, based on a limited, and not complete, record of experience. Therefore, the inference that may be drawn from the life expectancy shown by the table applies only to one who has the average health and exposure to danger of people of that age. Thus, in considering the life expectancy of any individual, you should consider, in addition to what is shown by the table of mortality, all other facts and circumstances in evidence bearing on life expectancy (such as occupation, activities, habits, and state of health) at the time of the incident. The life expectancies of both the Decedent and the Plaintiff are relevant factors. The Plaintiff’s recovery is limited to an award based on the life expectancy of the shorter of the Decedent’s or the Plaintiff’s life expectancy, because no contribution to the Plaintiff can be presumed beyond the life expectancy of either the Decedent or the Plaintiff.
    • 31-08-05
    • 32-21-02
    • Schneider v. Baisch, 256 NW2d 370 (ND 1977)
  • Notes: Mortality tables are available from various sources including: Statistical Abstract of the United States, the National Center for Health Statistics, and Lawyers and Judges Publishing Company which extracts data from the National Center for Health Statistics.