How do courts value the cost of emotional distress for personal injury cases? - Lexology

The type of damages that can be awarded by a court of law in a personal injury claim include both compensatory damages and moral damages. Compensatory damages, which are also referred to as economic damages, are most commonly claimed as they can be easily quantified. Compensatory damages may be claimed for medical expenses, therapy, transportation expenses, increased living expenses, lost wages , out-of-pocket expenses etc. In this type of claim, you are essentially being reimbursed for the various expenses that you have might have already incurred due to the personal injury caused to you. In addition to compensatory damages, which can be easily identified and quantified, further damages may also be claimed in terms of moral damages or damages for emotional and mental distress caused to the victim. What constitutes emotional distress: Personal injury cases are often filed from a legal standpoint to help the victim recover all damages caused to him. Amongst such damages, the mental anguish or the emotional distress caused to a victim is also to be considered. For example, on account of personal injury caused, an injured person may no longer be able to participate in certain activities or enjoy life in the same capacity as that of prior to the injury. Emotional distress may also be reflected in the form of physiological conditions of depression, insomnia , conditions of post-traumatic stress disorder etc. These types of damages, by their very nature, cannot be quantified...



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