Pain and Suffering as conceptual damages  

redmustang91 57M  
8818 posts
8/25/2005 8:54 am

Last Read:
3/5/2006 9:27 pm

Pain and Suffering as conceptual damages

As a lawyer I am familiar with different types of damages. In California the legislature changed the tort law about recovery of general damages for pain and suffering by aportioning the damages among joint tortfeasors in proportion to fault, as opposed to making each joint tortfeasor jointly liable for hard out of pocket losses.

What that means is if a deep pocket defendant like a major corporation and a poor guy each caused an accident, but the corporation is ten percent at fault, the corporation would have to pay all the medical expenses and wage loss, but only ten percent of the pain and suffering damages.

The legislature decided pain and suffering was entitled to less protection in the collectibility of such losses, or to protect the rich from overpaying for the wrongs largely the fault of the poor.

How relevant here? The upset and sense of betrayal from discovering a cheating mate is a conceptual damage. If you did not know about the cheating would you have suffered a loss? Reminds me of lines from Shakespeare's Winter's Tale:

Alack, for lesser knowledge! how accursed
In being so blest! There may be in the cup
A spider steep'd, and one may drink, depart,
And yet partake no venom, for his knowledge
Is not infected: but if one present
The abhorr'd ingredient to his eye, make known
How he hath drunk, he cracks his gorge, his sides,
With violent hefts. I have drunk,
and seen the spider.

The Elisabethans believed if you saw the spider you were poisoned, but otherwise not!

So ignorance can be blissful.

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