• 2002 - Life Expectancy (Personal Injury)
  • C-70.50
    • Damages
    • Damages
    • Life Expectancy
  • The Plaintiff, _______________, is ____ 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. This fact, of which the Court takes judicial notice, is 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.
    • 31-08-05
    • Miller v. Breidenbach, 520 NW2d 869 NW2d 4 (ND 1977)
    • Symington v. Mayo, 1999 ND 48, 590 NW2d 450
  • 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.