2010Hebei faxueRequires access

Study on Damages for"Pain and Suffering"in Personal Injury and Its Referential Significance

Chunmei Liu

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Abstract

As a major head of noneconomic damages in personal injury,pain and sufferinghas been awarded damages both in Europe and in the United States. The injured can sue for damages for bothpainandsufferinghe has suffered,and in most cases he would get some money for what he had endured. Nowadays,there is a trend that the amount of the damages forpain and sufferingis going higher and higher,though different legal systems have different categories and methods for the recovery ofpain and suffering. This article also points out some shortcomings in our present tort law and suggests that we should introduce the mature systems in Europe and America into our tort law and give the injured more protection.

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What this paper is about

As a major head of noneconomic damages in personal injury,pain and sufferinghas been awarded damages both in Europe and in the United States. The injured can sue for damages for bothpainandsufferinghe has suffered,and in most cases he would get some money for what he had endured. Nowadays,there is a trend that the amount of the damages forpain and sufferingis going higher and higher,though different legal systems have different categories and methods for the recovery ofpain and suffering. This article also points out some shortcomings in our present tort law and suggests that we should introduce the mature systems in Europe and America into our tort law and give the injured more protection.

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Available abstract

As a major head of noneconomic damages in personal injury,pain and sufferinghas been awarded damages both in Europe and in the United States. The injured can sue for damages for bothpainandsufferinghe has suffered,and in most cases he would get some money for what he had endured. Nowadays,there is a trend that the amount of the damages forpain and sufferingis going higher and higher,though different legal systems have different categories and methods for the recovery ofpain and suffering. This article also points out some shortcomings in our present tort law and suggests that we should introduce the mature systems in Europe and America into our tort law and give the injured more protection.

Key concepts: Damages, Tort, Personal injury, Pain and suffering, Law, Business, Medicine, Political science

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