Non-economic compensatory damages awarded for the physical pain and mental anguish resulting from an injury. This includes both past and future pain, emotional distress, loss of enjoyment of life, and psychological trauma. Pain and suffering is inherently subjective with no precise formula for calculation, leaving the amount to jury discretion subject to court review for excessiveness.
Related terms
Damages — The fourth and final element of negligence, requiring proof that the plaintiff suffered actual harm or loss. Damages…
Economic Damages — Compensatory damages for quantifiable monetary losses. Includes past and future medical expenses, lost wages, lost earning capacity, property…
Negligence — A tort based on the defendant's failure to exercise reasonable care, resulting in harm to the plaintiff. Negligence…
Collateral Source Rule — Benefits plaintiff receives from sources independent of tortfeasor do not reduce defendant's liability. Insurance payments, sick leave, gifts,…
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