DIMINISHING SOMEONES PAIN IS SAD

Non economic damages are an interesting concept.  In some societies, the idea of receiving compensation for pain, suffering, inconvenience, mental anguish, permanent impairment, loss of enjoyment of life, and the aggravation or activation of a pre-existing condition is not accepted.  Some societies have accepted the notion that these types of damages are simply a tragic part of reality and exist in everyone's life in the natural state.

Our system of justice allows for compensation in these categories.  Our society has determined that although these types of damages express a tragic part of everyone's reality, when introduced unnaturally, by a freak set of circumstances, a person is in fact caused to experience these types of damages in a way and at a level that would otherwise not make them as prevalently obvious.  Therefore, we have non economic damages due to the impact on someone's life when their personhood is affected by the negligence, lack of care, or recklessness of another person.

Pain is physical in this category.  It is the expression of an experience an individual has due to an injury caused by another.  It can be continuous, but it can also be intermittent. Suffering is another category that is variable between every person.  Like pain, it is relevant to the specific person.  While one person suffers horribly over an event, another person moves on quickly and suffers little.  How do we measure that so as to monetarily compensate for it?

Inconvenience is an interesting non economic damage as well.  Some people express inconvenience over a broken air conditioner in the dead of summer, while other's are happy to sweat.  What does it mean though when a person is left to walk with crutches? Is it petty for someone to claim monetary damages due to inconvenience in those situations? and when is it not?

Mental anguish is a category is a different category for a person with psychiatric concerns, versus a person who does not have those concerns or exhibits a spirit who overcomes any mental pain.  When is it too much to ask for monetary award?  Some people are unfazed by death, while others cannot overcome the reality of it. 

Permanent impairment reminds me of Vincent Van Gogh.  He did it to himself because of his mental anguish over who knows what natural aspect of his reality.  Should he have a right to monetary compensation if someone else had cut off his ear?

What is loss of enjoyment of life?  Loved playing violin and now can't enjoy it because of the tremendous pain it causes due to a car accident?  That's my story.  Yes, playing violin was one of the greatest joys of my life.  I lost the ability to play without tremendous pain after a car accident.  No, I did not sue anyone but I could have an perhaps I should have.

What is the aggravation or activation of a pre-existing condition?  Is it supposed to be some dramatic difference in how ones body appears on an MRI or is it supposed to be a minor difference on how ones body appears on an MRI, but that minor difference has had an enormous effect on the body?  Why compensate for that?  Perhaps we should ask the elderly person with osteoporosis who is in a low speed car accident whether there is a major difference in their life due to that minor change.  

What's fair?  How does an insurance company calculate for that type of risk?  Can it? Should it have to?