Conscious pain and suffering damages compensate the victim for various forms of non-economic injury. Il is the hope of the system that through an award of damages, the plaintiff can be restored to his or her pre-accident condition. In addition to the physical pain caused by plaintiff's injury, plaintiff can recover for mental and emotional suffering caused by his or her injuries. Specifically, the jury may consider and award damages for:

            Emotional upset of the injured party; Endresz v. Friedberg, 24 N.Y.2d 478, 301 N.Y.S.2d 65 (1969) (woman's emotional upset caused by miscarriage following auto accident is compensate)

            In determining the amount, if any, to be awarded plaintiff for pain and suffering, you may take into consideration the effect that plaintiff's (decedent's) injuries have had on plaintiff's ability to enjoy life (have had on decedent's ability to enjoy life up to the time of death). Loss of enjoyment of life involves the loss of the ability to perform daily tasks, to participate in the activities which were a part of the person's life before the injury, and to experience the pleasures of life. However, a person suffers the loss of enjoyment of life only if the person is aware, at some level, of the loss that (he, she) has suffered. If you find that plaintiff (decedent), as a result of (his, her) injuries, suffered some loss of the ability to enjoy life and that plaintiff (decedent) was aware, at some level, of a loss, you may take that loss into consideration in determining the amount to be awarded to plaintiff for pain and suffering to dale. New York Pattern Jury Instructions - Civil, Volume 1A, Third Edition, Unified Court System, 1997, published by West Group