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Were subjective accounts of pain no longer permitted to enhance damages, would not the problem of bogus and exaggerated claims cure itself? Limit awards to cases of clinically observable physical injury, (for example abrasions, bruising, through muscle-wasting, to bony injury, and neurological injury). Elements of claims, (including loss of earnings/earnings capacity), not founded on objective evidence of injury, should be liable to summary dismissal. There would inevitably be “grey areas”, but ultimately, is that not why we have Courts? Most people have some experience of minor soft tissue injury, such as sprains. Would it be so unjust, in the interest of public policy, to raise the bar for recoverability of damages for personal injury to limit awards to cases where the doctors can observe the injury? Shoot me down bros and sisters.

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