GENERAL DAMAGES FOR DEATH AND DISABILITY
- 📝 What are General Damages in Cases of Death and Disability?
- General damages refer to non-monetary losses or injuries suffered by an individual due to death or disability resulting from an accident, injury, or other catastrophic events. These damages are distinct from special damages, which encompass quantifiable economic losses such as medical expenses, loss of income, and property damage.
- ⚖️ Death Claims:
- In cases of wrongful death, general damages seek to compensate surviving family members for intangible losses such as the deceased’s pain and suffering, loss of companionship, emotional distress, and loss of consortium. These damages aim to provide solace and support to the surviving relatives who have endured the emotional and psychological impact of losing a loved one.
- 🏥 Disability Claims:
- For individuals who suffer permanent or temporary disabilities due to accidents or injuries, general damages may cover a wide range of physical, emotional, and psychological impairments. These damages seek to address the pain and suffering endured by the disabled person, as well as the loss of enjoyment of life, diminished quality of life, and psychological trauma resulting from the disability.
- 💰 Calculation of Damages:
- Unlike special damages, which can be calculated based on specific economic losses and expenses incurred, the assessment of general damages for death and disability is more subjective and relies on various factors such as the severity of the injury, the impact on the individual’s life, age, occupation, and future prognosis. Courts consider expert medical testimony, psychological evaluations, and other evidence to determine the appropriate compensation for general damages.
- 📄 Legal Principles:
- The quantification of general damages for death and disability is guided by legal principles such as the “principle of restitutio in integrum,” which seeks to restore the injured party to the position they would have been in if the injury had not occurred. Courts also consider precedents, statutory guidelines, and case law to ensure consistency and fairness in awarding general damages.
- 📝 🔑 Keywords: General Damages, Death Claims, Disability Claims, Pain and Suffering, Loss of Companionship, Emotional Distress, Quality of Life, Legal Principles, Compensation.
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