What Is 'Pain And Suffering' In A Civil Claim?
Pain & Suffering can include damages for physical and emotional distress. However, these damages can only testify to the past. In some instances, the Plaintiff can use actuarial tables to show what his life expectancy is—must be compensated for that many years of pain and suffering. Additionally a Plaintiff may recover for Loss of enjoyment of life that is, loss of enjoyment of activities the injury prevents the victim from pursuing. Victims cannot recover if they are unconscious—not aware of or distressed by loss of enjoyment. Additionally, must be conscious for an “appreciable period of time” before death to recover.
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