WPI 30.07.02 Measure of Economic Damages—Elements of Future Damages—Medical Expenses

Insert this phrase as an element of future economic damages in the damage instruction (WPI 30.01.01, WPI 30.02.01, or WPI 30.03.01) if the evidence justifies its use.

The reference to “medical care, treatment, and services” may be replaced by specific references to particular types of care, treatment or services. For example: “doctor's care”; “hospital care”; “nursing care”; “treatment and services”; etc.

Use WPI 34.02 (Future Economic Damages—Present Cash Value) with this instruction if supported by the evidence.

See the Comment to WPI 30.07.01 (Measure of Economic Damages—Elements of Past Damages—Medical Expenses). For a discussion relating to the burden of proof for future damages, see the Comment to WPI 30.01.04 (Future Damages—Definition).

While the plaintiff may not rely solely on medical records and bills to recover past medical expenses, medical records and bills are admissible, without a showing of reasonableness and necessity, to prove costs of future treatment. See Patterson v. Horton, 84 Wn.App. 531, 543–44, 929 P.2d 1125 (1997).

Any reference to the “present cash value” of future expenses is intentionally omitted. The difference in the routine case is usually of little consequence in terms of dollars. In a case in which the amounts and the future years involved call for a reduction to present cash value, insert the phrase in this instruction and give WPI 34.02 (Future Economic Damages—Present Cash Value).