It would thus be contended that, for example, while the
actual occurrence
of pain, suffering, disappointment (etc.) may be extra-theoretical, nevertheless a
person's awareness
of such things is not, but rather lies only in the area
of belief —
of mere opinion.
The
actual potential value
of any personal injury claim that is settled out
of court is determined by the nature and extent
of the accident victim's injuries, the medical expenses, the loss
of income, and the
pain and suffering that the accident victim endures because
of the fault
of another
person or business entity.