In the case you cited there were no physical injuries. Dao was beat to a pulp. That’s why Golan, one of his two lawyers, is a big name personal injury specialist. Dao had to have facial reconstruction surgery; that is a fact.
Understood, and the Dao case is going to messy for a few reasons. Publicity, the lawyer wants more, UAL wants less. More than one potential defendant, UAL and the people who removed Dao from the aircraft. The possibility of a counterclaim (UAL lost money on account of Dao's refusal to take his involuntary ejection without being physically removed), and so on.
When the court gets involved, and the amount of money gets big enough, UAL will get tougher.
Dao's lawyer understands this and it touting elements of damage, including emotional distress, reconstructive surgery, etc. It'll be interesting to watch this play out. Dao's claim to millions isn't a slam dunk, by any stretch, even if UAL breached the contract of carriage.