Legal character of court cases regarding damages of pain and suffering and particularly the determination of the amount of damages

The dissertation is focusing on the impact of the legal character of court casesregarding damages of pain and suffering on the determination of the amount ofdamages. First of all, the dissertation examines the natural damage, benefit andnormative damage approaches, which have been put forward about the concept ofgeneral damage. Following this part, it focuses on the concept of damages of painand suffering and investigates the approaches on damages of pain and suffering andthe personality values which lead to pain and suffering damage when infringed. Thisinvestigation was made mainly following the objective pain and suffering damageapproach. The question whether legal personalities can claim to be subject to painand suffering damage was examined in this first chapter.The second chapter entitled pain and suffering damages reviews the courtcases that protect personality rights in general and particularly emphasizes thedifferences between the damages of pain and suffering court cases and other casestowards protecting personality rights. The remainder of the chapter investigates thetheoretical approaches regarding the legal character of pain and suffering damages.An evaluation of these approaches was included in the third chapter.The third chapter evaluates the approaches about the legal character of painand suffering damages and concludes that the prevention and deterrence approachis more appropriate for the aim of the damages of pain and suffering, as well as itsaim to establish justice. Following that, the chapter studies the general factorsaffecting the determination of the amount of damages of pain and suffering under theheadings of the objective severity of the emotional damage suffered, factorsregarding the damaged party and factors regarding the offender.The last chapter of the dissertation analyzes the legal succession and thestatute of limitations for the damages of pain and suffering claims. This chapterincludes the theoretical approaches regarding the legal succession of damages ofpain and suffering claim to inheritors and among them, adopts the approach thatunconditionally accepts the legal succession of damages of pain and suffering claimto inheritors. The statute of limitations issue was examined both generally andregarding the legal arrangement in the Highways Traffic Law.