LEGAL PRINCIPLE: DAMAGES AND REMEDIES — General Damages — Pain and Suffering — Medical Evidence Not Required to Prove Pain and Suffering
PRINCIPLE STATEMENT
There is no known means of medically assessing the intensity of pain a person is going through. Medical evidence can describe the nature of the injury but not the pain that goes with it. The more severe the injury, the more likely the severity of the pain.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in C & C Construction Co. Ltd v. Okhai (2003) NLC-81999(SC) at p. 17; Paras B–C.
"As far as I am aware, there is no known means of medically assessing the intensity or otherwise of the pain a person is going through. When related to injury, medical evidence can only describe the nature of the injury but not the pain that goes with it. The more severe the injury the more likely the severity of the pain."
EXPLANATION / SCOPE
Medical evidence is not required to prove pain and suffering. The principle applies to damages for personal injury. The court may infer pain from the nature of the injury. The rule recognises practical realities. The severity of injury is a proxy for pain. The principle is well-established.
