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Some courts do not recognize shortened life expectancy as a separate and distinct element of damages recoverable by a plaintiff in a personal injury action. See, e.g., Downie v. U.S. Lines Co., 359 F.2d 344, 347-48 (3d Cir. 1966) (rejecting claim that shortening of life expectancy is per se compensable element of damages); Paladino v. Campos, 145 N.J. Super. 555, 368 A.2d 429 (Law Div. 1976) (same); 22 AM. JUR. 2D Damages § 235 (2003).


However this view is not unanimous and many jurisdictions have recently begun to recognize that in a personal injury action the shortening of a person's life expectancy is a cognizable injury. See, e.g., McNeill v. United States, 519 F. Supp. 283, 289 (D.S.C. 1981) (predicting under South Carolina law '[t]he deprivation of a normal life expectancy is a necessary and proper element of damages'); United States v. Anderson, 669 A.2d 73, 78 (Del. 1995) (permitting recovery for shortened life expectancy due to increased risk of death from testicular cancer); Swain v. Curry, 595 So. 2d 168, 172-73 (Fla. Dist. Ct. App. 1992) (permitting recovery for decreased chance of survival and reduction of life expectancy due to physician's alleged ...

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