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AMI 2209 Measure of Damages—Caretaking Expense—Past and Future

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2209
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 22. Damages
AMI 2209 Measure of Damages—Caretaking Expense—Past and Future
The reasonable expense of any necessary help in [his][her] home, which has been required as a result of [his][her] injury [and the present value of such expense reasonably certain to be required in the future].
NOTE ON USE
This clause is to be inserted between the paragraphs of AMI 2201 when the evidence justifies its use.
COMMENT
The recovery should compensate for the increased expense of living occasioned by the injury where, to maintain himself in the future, the injured must hire someone else to take care of him. Perkins Oil Co. of Del. v. Fitzgerald, 197 Ark. 14, 121 S.W.2d 877 (1938).
One who is injured is entitled to the reasonable value of caretaking services even where the services are provided by an unpaid family member. Jackson v. United States, 526 F. Supp. 1149 (E.D. Ark. 1981), aff’d, 696 F.2d 999 (8th Cir. 1982).
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