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“The following facts and circumstances, when applicable, then to show the nature and extent of [additional] damages recoverable by or on behalf of an injured elderly persons: Pain from physical injuries [pain resulting from occurrence of physiological stimuli, “phantom pain” and other subjective pain not readily apparent to laypersons]; Mental anguish or suffering from physical injuries [fright and shock at occurrence of injury, fear of consequence of injury while awaiting rescue, fear experienced in period of time between realization of likelihood of injury and occurrence, fear about what might have occurred arising after injury, anxiety arising because of inability to work, anxiety concerning physical health and future well-being, fear of future surgery that may be necessary, fear of increased susceptibility to future injury, anxiety as to future disease or condition, physical injuries caused by mental anguish, post-traumatic stress disorder, other anxiety, depression, and mental suffering or illness]; Pain and suffering reasonably likely to occur in the future; Disfigurement [scars, amputations, other injuries that affect appearance or attractiveness]; Past and future impairment of ability to enjoy life [embarrassment caused by disfigurement, loss of or impairment of senses, taste, smell, sight, touch, hearing, inability to work, including household work, inability to enter occupation, interference with life’s activities, driving, playing with children, walking for any considerable distance or time, shopping, performing community or church work, visiting and socializing with friends, hunting or fishing, hobbies, other activities and pastimes, loss of capacity to engage in or enjoy sexual relations or other sexual dysfunction; Reduction of life expectancy; Harm from loss of sleep; Harm from conditions caused by prolonged immobilization, such as thrombophlebitis and pneumonia.

Pecuniary damages recoverable by or on behalf of injured person: Necessary and reasonable medical expenses [actual past expenses for physician, hospital, nursing, and laboratory fees, medicines, prosthetic devices, etc., anticipated future expenses]; Loss of past and future earnings [actual loss of wages or salary, loss of existing vocational skill, loss of capacity to earn increased wages, loss of profits or net income by person engaged in business]; Cost of hiring substitute or assistant, cost of hiring home care attendants for cooking, cleaning, and the like, cost of occupational therapy or training, exemplary or punitive damages for malicious or reckless conduct, litigation fees and costs.”

[Stein on Personal Injury Damages [certain citations omitted]]


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