Mental Distress and Suffering:
A plaintiff who is injured by the negligence of another is entitled to be compensated for mental suffering caused by the defendant's negligence for the results that flow from it in the same way that he or she is for physical suffering. The fear that death will result from an injury is included in this class of damages, if the jury concludes the plaintiff truly had this fear.
Loss of the Ability to Enjoy Life’s Pleasures:
The jury must consider, as a separate category for awarding damages, the length of time the plaintiff was (or will be), disabled from taking part in activities which he or she enjoys.
Permanent Impairment or Loss of Function:
If the jury finds that it is possible that the plaintiff has suffered permanent physical harm, loss of function or disfigurement, the plaintiff is entitled to be compensated for that category of injury. The award should be in accordance with the nature and extent of the physical impairment, loss of function, or disfigurement and the length of time he or she is reasonably expected to endure its negative consequences.
Disfigurement:
The jury may also evaluate fair compensation for any disfigurement. It must take into consideration any reasonable probability that the disfigurement will be less noticeable as time goes on and also take into consideration any mortification and anguish the plaintiff has suffered and will continue to suffer.
Pre-existing Condition:
The plaintiff is also entitled to full compensation for all injuries and losses caused by the defendant's negligence, even though those injuries and losses are more serious than they otherwise would have been because of a pre-existing condition. The jury may not compensate the plaintiff for the pre-existing injury itself, but the aggravation of such an injury, caused by the defendant's negligence, is a proper class of noneconomic damages.
Damages for Death:
Damages for death are allowed as compensation for the destruction of the deceased person's capacity to carry on life’s activities, including his or her capacity to earn money. It is the sum that would have compensated the deceased so far as money could do for the destruction of his or her capacity to carry on life's activities (if he or she had not been killed), including the destruction of his earning capacity.
Loss of Consortium:
The law allows damages for the loss of consortium. These are damages due to a spouse because of injuries to the other spouse. Consortium encompasses the services of the spouse and the variety of intangible relations (affection, society, companionship, sexual relations, etc.) that exist between spouses living together in marriage.
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