pain and suffering
pain and suffering. Physical discomfort or emotional distress compensable as an element of damages in torts. See DAMAGES. [Cases: Damages 31, 48. C.J.S. Damages §§ 92, 94; Torts § 66.]
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Search Results for: PAIN AND SUFFERING
pain and suffering
pain and suffering 痛苦与创伤 指不但有身体上的痛苦，而且有精神上的创伤；对侵权行为造成的痛苦与创伤可要求赔偿损失。(→cap)
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future damages
Money awarded to an injured party for an injury’s residual or projected effects, such as those that reduce the person’s ability to function. • Examples are expected pain and suffering, loss or impairment of earning capacity, and projected medical expenses. [Cases: Damages 25. C.J.S. Damages § 42.]
murder by torture
A murder preceded by the intentional infliction of pain and suffering on the victim.
survival action
survival action. A lawsuit brought on behalf of a decedent’s estate for injuries or damages incurred by the decedent immediately before dying. • A survival action derives from the claim that a decedent would have had — such as for pain and suffering — if he or she had survived. In contrast is a claim
wrongful life action
wrongful-life action. A lawsuit brought by or on behalf of a child with birth defects, alleging that but for the doctor-defendant’s negligent advice, the parents would not have conceived the child or, if they had, would have aborted the fetus to avoid the pain and suffering resulting from the child’s congenital defects. • Most jurisdictions
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wounded feelings
wounded feelings. Injuries resulting from insults, indignity, or humiliation, as distinguished from the usual mental pain and suffering consequent to physical injury. [Cases: Damages 48–50.10. C.J.S. Damages §§ 94–96, 98–104; Torts §§ 66–83.]
emotional distress
A highly unpleasant mental reaction (such as anguish, grief, fright, humiliation, or fury) that results from another person’s conduct; emotional pain and suffering. • Emotional distress, when severe enough, can form a basis for the recovery of tort damages. — Also termed emotional harm; mental anguish; mental distress; mental suffering. See INTENTIONAL INFLICTION OF EMOTIONAL
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instantaneous death
Death occurring in an instant or within an extremely short time after an injury or seizure. • It is a factor in determining an award of damages for the victim’s pain and suffering. — Sometimes also termed immediate death.
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Uniform Crime Victims Reparations Act
Uniform Crime Victims Reparations Act 〈美〉《统一刑事被害人赔偿法》 规定对暴力犯罪案件中的被害人实行国家赔偿制度的一部示范法。各州可自主决定适用其全部或一部分。依该法，被害人所遭受的财产损失、痛苦〔pain and suffering〕及不便〔inconvenience〕，不在国家赔偿范围之内。如受伤害者已从别的来源获得赔偿，则应从上述国家赔偿金中扣除。此外，该法还对国家可支付人身伤害赔偿金的最高额度作了参考性的规定。
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