Assessing Compensation for Moral Damage Resulting from Physical Injuries in Palestinian Law: A Comparative Study

الملخص

This research aims to clarify the mechanism for assessing compensation for moral damages resulting from physical injuries in Palestinian and comparative law. This is achieved by outlining proposed criteria for assessing such compensation under applicable Palestinian and comparative legislation. To achieve this objective, the research employed descriptive, analytical, and comparative methodologies, along with a critical approach. This involved studying and analyzing legal texts, drawing upon the Palestinian Civil Code, various court decisions, and other legislation, such as Jordanian and Egyptian law, to the extent necessary to present a broad range of legal and jurisprudential opinions on moral damages and their compensation, as required by the nature of this research. In conclusion, the study reached several key findings, most notably: the value of moral damages resulting from physical injuries can be estimated using a proposed criterion. This involves first examining previous instances of pain similar to the current pain and then determining the compensation value for those instances. Following this, the level of pain is classified according to a three-tiered system (mild, moderate, and severe). The researcher recommends adopting the standard proposed in this study by defining levels of pain and suffering according to the three-tiered classification (mild, moderate, and severe), while ensuring that the compensation amount does not exceed a predetermined maximum limit, and also taking into account the duration of the pain.