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The law is pointedly clear that damages can be recovered in a personal injury matter due to pain and suffering, future pain and suffering, loss of enjoyment of life, future loss of enjoyment of life, emotional distress, and other general damages. These types of damages are not capable of being reduced to an exact equivalent in monetary amounts, so it is generally left to the jury to fix a reasonable amount as compensation.
The topic of general damages can be broken down and recovered in many different ways. For example, damages have been awarded for loss of sense of taste and smell, loss of fertility, mental anguish that arises from diminished capacity to perform labor, acquisition of bad moral habits because of a head injury, permanent incontinence, loss of desire for sexual intimacy or impotency, change of personality and attitude towards others, fear of death, increased stuttering, nervousness, insomnia, inability to operate a car, fear of injury to an unborn child, and fear of paralysis, just to name a few.
It goes without saying that there are innumerable ways in which life can become less happy. Personal injuries can affect individuals in a myriad of different ways. Unfortunately, often times nothing can be done to restore the loss sustained or to be sustained. In these circumstances the only salve is to provide financial compensation. Many, many injured people would tell you today that they would rather their life be made whole or returned to pre-collision medical and mental stability, than receive financial compensation. Unfortunately, oft times it’s the only tool available to attempt to heal the pain….