Paper Information

Journal:   JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)   SUMMER 2011 , Volume 13 , Number 33; Page(s) 99 To 132.
 
Paper: 

WAY OF ASSESSMENT OF DAMAGE CAUSED BY PAIN AND SUFFERING

 
 
Author(s):  SHOSHINASAB NAFISE*
 
* TEHRAN UNIVERSITY
 
Abstract: 

Pain and suffering damages are one of the most popular damages which arise in people’s mutual relationship in the society. The importance of studying such damages is that, on the one hand, the people’s well-being of a society guarantees its development and on the other hand, the compensation of damages has always been as one of the substantial goals of law which is indeed establishing justice and making restitution for the victim as much as possible.
The assessment of pain and suffering damages has never been studied independently by Iranian jurists and has just been posed in the law books and in one part of the moral damages; thus we have attempted to justify the compensation and assessment of such damages.
Comparative study shows that the compensation of such damages has been accepted in most of the countries. In the present research we try to suggest some ways for compensation and assessment of such damages.
At last we criticize the different theories presented about how to price pain and suffering damages and suggest a theory corresponding to Iranian law.
As a conclusion, studying pain and suffering damages and taking into account its compensation and assessment, causes a significant increase in people’s satisfaction and subsequently in social welfare.

 
Keyword(s): ASSESSMENT, COMPENSATION, DAMAGES, PAIN AND SUFFERING
 
References: 
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