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Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, impairment of mental or physical capacity, hedonic damages or loss of enjoyment of life, etc. [26] This is not easily quantifiable, and depends on the individual circumstances of the claimant. Judges ...
Pain and suffering is the legal term for the physical and emotional stress caused from an injury [1] (see also pain and suffering). Some damages that might come under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, depression or scarring .
Under FELA, railroad workers who are not covered by regular workers' compensation laws are able to sue companies over their injury claims. FELA allows monetary payouts for pain and suffering, decided by juries based on comparative negligence rather than pursuant to a pre-determined benefits schedule under workers' compensation.
Michigan normally has a cap of $280,000 for "noneconomic loss," which is defined as "damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, whether claimed under section 29222 or otherwise, loss of consortium, or other noneconomic loss. [32]
In the United States, for federal taxes payable to the IRS, the money awarded in a personal injury settlement as compensation for pain and suffering, medical expenses and property damage is not ordinarily taxable. Exceptions may apply, for example, if a plaintiff took a tax deduction in a prior year for medical expenses that are recovered ...
Exaction refers not only to extortion or the demanding and obtaining of something through force, [2] [better source needed] but additionally, in its formal definition, means the infliction of something such as pain and suffering or making somebody endure something unpleasant. [3] [better source needed]
Post-traumatic stress disorder (PTSD) may develop following exposure to an extremely threatening or horrific event.It is characterized by several of the following signs or symptoms: unwanted re-experiencing of the traumatic event—such as vivid, intense, and emotion-laden intrusive memories—dissociative flashback episodes, or nightmares; active avoidance of thoughts, memories, or reminders ...
If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest (an injuria), the claim is made in terms of the actio injuriarum.
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