(a) The total amount recoverable for non-economic damages for any injury to a person in an action arising out of a motor vehicle accident may not exceed $100,000; provided, however, that this limitation shall not apply upon a finding of gross negligence or willful conduct.
(b) For the purposes of this section, non-economic damages include:
(1) pain and suffering;
(2) physical impairment;
(3) disfigurement; and
(4) other not-pecuniary damages recoverable under the tort laws of this Territory.