Justification of non-economic damages

According to tort law, three main elements must be identified in every tort action. Personal tort victims have to recover all their damages at present, past, or in the future. However, damages can be recovered for emotional, psychological, and physical injury. Among these injuries are, pain and suffering, embarrassment, permanent disability, among others. To award these losses, a court has to rely on expert testimony to translate the losses into dollar figures.

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Regarding the damages incurred during the past tortuous conduct, a plaintiff may request injunctive relief to avoid more harm in the future (Harper, 2009). Therefore, according to tort’s law, pain and suffering, loss of bodily integrity or life, loss of consortium, and emotional distress can be awarded through relying on expert testimony in order to translate the losses into dollar figures. Hence, these losses should be measured according to the tortfeasor’s wealth to permit the jury so as to have an informed appraisal of the amount to be considered for punishment.

Harper, F. V., James, F., & Gray, O. S. (2009). Harper, James and Gray on torts.

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