Claims for Nervous Shock

Paper Summary:

This paper examines how, in recent years, there has been a marked increase in litigation related to recovering damages for emotional distress -- a kind of damage that is not measured by the extent of physical harm to an individual, but instead, measured by the extent of emotional and psychological harm inflicted upon an individual. Unlike determining the extent of physical harm, determining the extent of emotional distress or pain and suffering presents its unique share of challenges - particularly with regard to determining if, indeed, an individual has been inflicted with emotional distress and if that individual merits relief from the defendant or defendants. This paper looks at how assessing the nature and amount of relief to be awarded to the plaintiff also presents challenges to the judicial system.

From the Paper:

"The United Kingdom's judicial system it appears has taken steps to clearly define the criteria for nervous shock. For example, it has been determined that "the plaintiff cannot recover for experiencing normal human emotions such as the grief experienced when a loved one dies." There must be more than just an emotional response to a sudden and saddening event. See MIM v. Pusey, [1970] 125 CLR 383 at 394-395. With the shift of judicial decisions on emotional distress cases in the U.S. toward a generally "moderate" stance, it seems that the courts in the United Kingdom are also ruling on such cases - in particular on nervous shock cases - with more leniency and flexibility."

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• Research Paper # 105025 : "Conscious Perception and the Central Nervous System"

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