Moral damage and existential damage

October 9, 2019 Categorised in:

Moral damage and existential damage: both are compensable autonomously.

For the purposes of compensation for damages suffered by injured parties due to the unlawful acts of others, the main non-pecuniary heads of damage must be distinguished.

i) Moral damage, which includes pain and suffering.

ii) Biological damage, which is constituted by injury to mental-physical health, susceptible to medico-legal assessment, compensable irrespective of the injured party’s capacity to produce income.

iii) Existential damage, which should be identified in the appreciable alteration of the quality of life.