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Posts tagged "automobile accident"

Personal Injury Pain and Suffering

Pain and suffering are one of the three types of damages available in personal injury or automobile accident cases, but are very difficult to define.  Pain and suffering is unitary concept for which a plaintiff may recover for physical pain and for fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation, indignity, embarrassment, apprehension, terror or ordeal. It has also been said that the term "pain and suffering" covers disfigurement and deformity, depression due to inability to work or labor, anxiety or worry proximately attributable to an injury, and mental distress caused by impairment of the enjoyment of life. Pain and suffering need not be physical but may be psychological as well.  Of course, the judge or jury has to be convinced by the burden of proof that the pain and suffering is real.

Personal Injury Damages and Public Policy

Once liability for personal injury damages is established, the court must determine as a matter of public policy whether to impose liability.  This public-policy consideration can insulate a defendant from liability, even when that defendant's conduct was a substantial factor in causing the harm, if the liability would shock the conscience of society.

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