Distinguished Contributions to Forensic Psychology Award
Rethinking Compensation for Mental and Emotional Harm
Compensation for mental and emotional loss, as contrasted with compensation for tangible losses such as property damage or loss of income, has long been disfavored by US tort law. As a matter of principle, damages for mental and emotional harm do not restore claimants to their pre-accident state as do damages for tangible loss. As a matter of practice, there is no agreed measure of the appropriate amount of damages for intangible loss. And, damage awards for intangible loss are often large. Accordingly, damages for mental and emotional loss have never been firmly grounded in tort law and have always been on the block for caps or elimination in the next round of tort reforms. Addressing this dilemma directly, Professor Shuman tackles the theoretical role which compensation for mental and emotional harm should play in a tort system, and addresses the practicable problems to implement this role and the job that psychologists should play in such a rethought system of compensation.