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When determining general damages, which factor is NOT typically considered?

  1. Nature and extent of the injury

  2. Likelihood of recovery possible

  3. Future medical expenses

  4. Compensation for emotional distress

The correct answer is: Compensation for emotional distress

In determining general damages, the focus is on the non-economic losses suffered by a plaintiff due to an injury. This includes elements such as pain and suffering, emotional distress, and loss of enjoyment of life. While emotional distress is indeed a component that can be considered for compensation, it is typically part of the broader assessments of general damages rather than a standalone factor that is specifically analyzed in the context of general damages. In contrast, aspects like the nature and extent of the injury, the likelihood of recovery, and future medical expenses are more commonly quantified and assessed to arrive at the total amount of damages. The nature and extent of the injury provide insight into how severe the impact of the injury has been on the individual’s life. The likelihood of recovery indicates whether the injured party will return to their pre-injury state or experience lingering effects, while future medical expenses estimate the ongoing financial impact of the injury. These factors are all integral to calculating the full scope of damages in a claim. Thus, while emotional distress is acknowledged in the context of damages, it is not typically treated as a separate, quantifiable factor in the evaluation of general damages when compared to the other factors listed.