Week Four: Non-Pecuniary

Compensation for a plaintiff in a personal injury claim must fall under “heads of damage”:

1. Non-Pecuniary Damages (i.e. “pain and suffering”)
2. Past Income Loss (i.e. income lost up to the date of trial/settlement)
3. Future Loss of Earning Capacity (i.e. income to be lost after the trial/settlement)
4. Lost Housekeeping Capacity (the lost value of domestic work)
5. Special Damages (i.e. out of pocket expenses for treatments, medications, etc.)
6. Cost of Future Care (i.e. cost of treatments after trial/settlement)
7. “In Trust” Claim (the cost of services provided by loved ones)

Today we will look at the theoretical justification for non-pecuniary damages and the valuation of these damages in various case examples, as well as non-compensatory damages, such as punitive damages and aggravated damages.

Non-Pecuniary Damages: Pain, suffering, loss of enjoyment of life, and loss of amenities – quantifying the unquantifiable.

Special cases:

• Elderly individuals 
• Athletes  
• Previously disabled plaintiffs 
• “Rough upper limit” or “cap” for non-pecuniary damages: catastrophic injuries
• Sexual abuse
• Lastly, we will look at aggravated versus punitive damages