Addressing the Issue of Conscious Pain and Suffering

For the past three years, these articles have focused on various injuries. During that time I have never referenced the specific jury instruction that addresses damages for noneconomic loss. The specific instruction can be found in Section 6.09 of the Standard Pennsylvania Civil Jury Instructions. Section 6.09 is a subsection of Title VI titled “Damages.” More specifically, Section 6.09 is titled “Past and Future—Nonecomomic Loss.” When litigating any case, it is important that attorneys understand the instruction that will ultimately be given to the jurors and that they should plan their strategies in accordance with that instruction.

Section 6.09 provides as follows: “The plaintiff has made a claim for a damage award for past and for future noneconomic loss. There are four items that make up a damage award for noneconomic loss, both past and future: (1) pain and suffering; (2) embarrassment and humiliation; (3) loss of ability to enjoy the pleasures of life; and (4) disfigurement.”