Towards a Better Assessment of Pain and Suffering Damages
for Personal Injuries: A Proposal Based on Quality Adjusted Life Years
Congress has since passed legislation that allows families of terrorism victims to seek pain and suffering damages
This article examines how pain and suffering damages in personal injury cases became controversial, ultimately leading California and other states to limit them.
Belli believed that plaintiffs' lawyers could obtain higher jury verdicts for their clients by using creative trial techniques, especially with regard to pain and suffering damages. His use of one particular trial tactic, known as the "per diem" argument, a mathematical way of computing pain and suffering damages, generated a vigorous debate in legal circles that continued throughout the 1950s and 1960s.
The result has been the enactment of statutes, like the MICRA, that place limits on pain and suffering damages and calls for other legislation to check jury awards.
Ohio Supreme Court Rules on Pain and Suffering Damages
. The Ohio Supreme Court upheld a state law that limits how much a person injured by a defective product can collect in pain-and-suffering damages, reversing its stance on a closely watched issue.
Pet owners and non-pet owners agree that pet owners should not be eligible for pain and suffering damages when a pet dies as a result of the actions of another party.
Most Americans tend to agree with state laws that usually do not allow pet owners to sue for pain and suffering damages if their pet dies due to the negligence of a third party.
But, according to news reports quoting legal experts, pets are treated as personal property in most states and owners would only be entitled to actual monetary damages (due to medical treatment of their pet) and not pain and suffering damages to compensate for any emotional loss.
"Responsible citizens will no longer have to bear the cost of their insurance companies' paying for pain and suffering damages
to someone who is injured while committing a crime or fleeing from one," said Joseph Termini, associate counsel for the National Association of Independent Insurers in Chicago.
CLAIMANTS are recovering pre-impact pain and suffering damages in domestic aviation accidents governed by U.S.
McDonnell-Douglas Corp.,(4) the same court denied the defendants' motion to set aside the jury award of $10,000 for the decedent's pre-impact pain and suffering on the grounds that New York law provides a cause of action permitting plaintiffs to recover pain and suffering damages following injuries which result in death.