What is Pain and Suffering?
Pain and Suffering is a legal term that describes the physical, emotional, and mental injuries a personal injury victim sustained following an accident.
According to Black’s Law Dictionary, pain and suffering is defined as “physical discomfort, emotional trauma, or mental anguish that a plaintiff experiences as a result of a defendant’s actions.” As such, it often refers to the non-economic damages that a plaintiff may claim to compensate for the physical pain, emotional anguish, and diminished quality of life caused by the defendant’s actions or negligence.
Pain and suffering can include physical pain or emotional distress. For example: Amy is in a car accident because the other driver drove recklessly. As a result of the accident Amy might suffer from back problems and have a panic attack every time she tries to drive a car. Therefore, not only could Amy sue the other driver for the damage to her car, but also for the pain and suffering it has caused her physical and emotional health. Pain and suffering is aimed at providing compensation to injuried parties, and to have those at fault recognize the harm they caused and deter them from repeating their actions. Understanding pain and suffering is essential in personal injury litigation to ensure that plaintiffs receive fair and just compensation for the full scope of their injuries and losses.
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GA Men’s Club to Pay $1.75 Million for Over-Serving Alcohol Leading to Deadly Crash
The family of a woman who was killed in a vehicle accident with a drunk driver, who had just left a men’s club in Conley, GA, outside Atlanta, will receive $1.75 million from the club. The driver had a blood alcohol content of .398, nearly 5 times over the legal limit, at the time of the accident.
The drunk driver was driving his Lincoln Town Car the wrong way on I-20 eastbound in July 2008 and slammed head-on into the victim’s car. Both drivers died at the scene of the accident. A passenger in the woman’s car died enroute to the local hospital.
The lawsuit alleged that Club Blaze should have known the man was intoxicated and should have stopped serving him. The jury found that the club over-served alcohol to the man.
If you have been injured or a loved one killed in a vehicle accident that was caused by another person’s carelessness or recklessness, […]
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Nebraska County Found Liable for Accident Due to Poor Signage
A Nebraska jury awarded a 24-year-old Michigan man $407,000 to be paid by Furnas County, Nebraska for the county’s failure to adequately mark a sharp turn in a road where the man crashed his car leaving him with significant injuries.
The judge in the case found the man 40% liable and the county 60% liable. This reduced the amount of the original award of $678,000 for the county. The man was not wearing a seatbelt and was speeding at the time of the accident. The judge ruled that the signage at the accident site could not be seen at night, and it was placed too close to the 90-degree turn, giving drivers inadequate time to react.
The accident occurred in December 2007, when the man missed the turn and drove off the road causing his car to flip, trapping in the car for hours. He suffered spinal cord damage requiring multiple surgeries and weeks of hospitalization. […]
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Car Accident Round-Up – Three Die in NY Head-on Collision
Ford Explorer drifts into oncoming lane causing fatal head-on car accident
Three Die in New York Accident
A head-on collision Monday morning between a Ford Explorer and a GMC Jimmy near Bethel, New York killed three people and injured one. According to police, the Ford Explorer carrying two passengers, was heading east on 17B between White Lake and Fosterdale and drifted into the west bound lanes colliding with the GMC. The driver of the GMC was wearing his seat belt and his airbag deployed, but he was pinned in the vehicle and died at the scene. The driver of the Explorer and a back seat passenger, neither of which were wearing their seatbelts, were both ejected and died at the scene. The front seat passenger was wearing his seatbelt and suffered non-life-threatening injuries. The cause of the accident is still under investigation.
NY Man Arrested for Vehicular Manslaughter After Accident
A Freeport, […]
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Pennsylvania Family Awarded $2.9 Million in DUI-Hit-and-Run
The family of a 14-year-old Bensalem, Pennsylvania girl who was killed in a 2004 hit-and-run crash while she was trying to cross a road has been awarded $2.9 million by a Bucks County judge. The case was decided without a jury.
The 21-year-old driver that struck the girl was driving with a suspended license and was found to be intoxicated at the time of the crash. The police did not charge him with DUI-related hit-and-run saying that road condition and other factors, not his drunkenness, caused the crash. The driver, however, was sentenced to three to six years in a state prison for the accident, and is currently in jail.
The family of the deceased brought a civil trial against the driver and the owner of the vehicle the man was driving. According to PhillyBurbs.com, the judge awarded the plaintiffs $697,749.92 in wrongful death damages against both defendants; […]
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American Electric Power to Pay Close to $ 7 Million in Explosion Death
AEP continues to pay lawsuit verdicts from tragic explosion case
A Marshall County, West Virginia jury found American Electric Power (AEP) negligent in a 2007 explosion, and they must pay close to $7 million to the family of a man that died in the explosion.
The lawsuit was brought on behalf of a Tyler County, WV man who was a truck driver at the Muskingum River Power Plant. The family’s lawyer claimed the explosion was caused by dangerous conditions on the facility’s hydrogen storage tank. They also claimed there was an explosion 15 months prior and AEP had not taken any corrective actions to prevent a similar accident.
An Ohio jury recently returned a $6 million verdict against AEP for a man who was injured in the same explosion.
The power plant is located on the west bank of the Muskingum River, […]
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Car Accident Round-Up – NJ Town Mourns Four Teenagers
Teen driver loses control of SUV killing four of the eight teen passengers in tragic accident
Four Teenagers Die in NJ SUV Accident
In a tragic single-car accident on Sunday, four teenage football players from Mainland Regional High School in Linwood, NJ lost their lives, and four others were injured, as they headed to a team brunch. The 17-year-old driver apparently lost control of his SUV, on the Garden State Parkway around 11:45am, as he rounded a crest and came upon heavy traffic, causing the vehicle to flip several times, ejecting two of the passengers. All eight of the boys, aged 15-17 years-old, were riding in the same vehicle.
NC Accident Kills Three Generations of Women
An SUV carrying eight family members on a return trip home to New York, after vacationing in Florida, crashed on I-95 near Raleigh, NC. According to police, […]
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PATCO to Pay $10 Million in Crash Settlement
After only twenty minutes into a car accident trial last week, a recess was called and the two parties came to agreement on a $10 million settlement to be paid by the Port Authority Transit Corp. (PATCO). The transit authority had admitted before trial that its truck driver was liable for the collision.
A 55-year-old Berlin, NJ man was driving to work in July 2007 when he was struck by a PATCO truck in Philadelphia, PA. The man had just crossed a bridge into Philadelphia when the PATCO driver ran a red light and shoved the man’s vehicle into a median strip. The accident resulted in shattered bones and a broken ankle to the driver.
The man has since undergone 12 surgeries and a painful debriding procedure to try to rid the leg of a serious infection which had begun to cause his flesh to rot. […]
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Car Accident Round-Up – Teens Involved in Serious VA and NY Accidents
Car accidents claim lives around the United States
Two Teens Killed in Portsmouth, VA Car Accident on Elmhurst Lane
A car accident in Portsmouth, VA late Saturday night left two teenagers dead and one seriously injured. The accident that occurred on Elmhurst Lane near Victory Boulevard apparently was the result of speeding. The car swerved off the road then struck several trees and a utility pole ejecting two of the occupants and pinning the third in the car. The two girls that died were 16-years-old. The third occupant, a 17-year-old male, was hospitalized with unspecified injuries. Police are unsure of who was driving the car.
Former KY Governor’s Son Dead After Single-Car Wreck
According to the Lexington-Herald Leader, former Kentucky governor Julian Carroll’s son, Bradley, died in a single-car accident Sunday in Franklin County, KY. Carroll was traveling south on US 421 near the Versailles Road overpass when his Ford Explorer went off the right side of the road, […]
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Car Accident Round-Up – CO Accident Takes Life of TX Billionaire
Texas billionaire broadsided by sports utility vehicle in Colorado
Texas Billionaire Dies in CO Car Accident
Charles Wyly, a 77-year-old Texas billionaire and philanthropist, died near Aspen, CO in a two-car crash on Sunday. Wyly, who was driving a Porsche, was turning back onto the highway near the airport, when his car was broadsided by a sport utility vehicle. Police believe Wyly failed to yield prior to entering the highway. Wyly, who was central to building the Dallas Arts District, was pronounced dead at the local hospital. The other driver suffered moderate injuries.
Rear-end Collision in FL on I-95 Kills One, Injures Two
A car stopped on the northbound lanes of I-95, north of Okeechobee Boulevard near exit 71, was rear-ended by another car early Sunday morning resulting in the death of a passenger, and serious injuries to the two drivers. The interstate was closed for close to four hours while rescue workers worked at the scene. […]
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California Women Awarded $1.2 Million in DUI Civil Lawsuit
Hi by a Drunk Driver Lawsuit California
Two women, who suffered permanent injuries after an automobile accident with an assistant district attorney in Los Angeles who was driving drunk, agreed to a $1.2 million settlement in a civil lawsuit against the woman. The two women had already been awarded more than $1 million in compensatory damages by a jury.
The assistant DA had a BAC of .26, more than three times the legal limit, and admitted that she knew she was drunk. She decided to drive anyway in hopes that she would get home without getting caught. In the April 2010 accident, she rear-ended the two women near Long Beach, CA resulting in one woman suffering back injuries, facial scars and lost teeth, and the other suffering from back injuries.
The women had sought $2 million, but agreed to the settlement to avoid a second trial and to get immediate payment. […]
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MA Teen Dies in SUV Rollover Crash
15 Year old boy was not wearing seatbelt when car rolled over
Teenager Dies in I-90 Accident in MA
I-90 in West Springfield, MA was closed for over four hours last week while police investigated a one-car crash that resulted in the death of a 15-year-old boy. An SUV driven by a 17-year-old was traveling eastbound in the far right lane of the interstate when the driver moved into the left lane to pass a vehicle. The driver then attempted to move back into the right lane when she realized another vehicle was in the left lane. She lost control of the SUV and went off the road onto the shoulder where the vehicle flipped over several times landing on its roof. The boy, who was not wearing a seatbelt, was pronounced dead at the scene. The other passengers and driver were treated for minor injuries. […]
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Californian Family Awarded $29.2 Million in Car AccidentLawsuit from 2006
Two children dead and one paralyzed in head-on car crash
The family of two children that died in November 2006 in a head-on car collision on Highway 12 near Fairfield, California has been awarded $29.2 million by a Solano County jury. The driver of an SUV crossed the center line and slammed into the oncoming passenger car leaving the two children dead, one child paralyzed from the waist down and the mother, and driver of the car, in the hospital for 2 months recovering from her injuries.
Limited Insurance Coverage
The driver of the SUV was traveling close to 80 MPH and attempted to pass two vehicles in a no-passing zone. He was sentenced to 23 years in prison. He was found 65% liable in the case, but due to his limited insurance coverage the state will pay the majority of the award. […]
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Series of Fatal Accidents: Tragic NY Crash Kills 5
Passing car sends van of 13 Amish farmers under a tractor killing five and injuring nine in fatal accident
New York Accident Kills Five, Injures Nine
First in a series of fatal accidents: A north bound van carrying 13 farmers from the Amish community in Steuben County was sideswiped by a south bound car passing a slow-moving tractor sending the van into and under the tractor killing 5 of the passengers. Seven others in the van were seriously injured. The driver and passenger of the tractor were also injured. The driver of the car that caused the Tuesday afternoon accident was not injured, and he has been charged with five counts of criminally negligent homicide, driving while intoxicated, reckless driving, unsafe passing, speed not reasonable and prudent, and failure to keep right after passing. He is being held on $125,000 cash bail or $250,000 bond.
[…]
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$1.25 Million Awarded After Surgeon Was Found Negligent
Surgeon found negligent in botched procedure
A 67-year-old Ithaca, New York woman was awarded $1.25 million after her surgeon was found negligent when a 2007 gallbladder operation left her gravely ill and fighting for her life. The surgeon at Cayuga Medical Center had been practicing for over 15 years when found at fault.
The woman entered the hospital complaining of an upset stomach when she was told her gallbladder needed to be removed. The woman’s bowel was unintentionally cut during surgery, yet the surgeon did not inspect the bowel for injury prior to completing the surgical procedure.
Almost immediately the woman became severely ill, exhibiting multiple signs of infection. 32 hours after the first operation, she was operated on again to find the source of the infection, and then to repair the injured bowel. The woman also underwent four more surgeries, needed a ventilator, […]
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PA Driver Tries to Run Down Pedestrians
No one injured after man drives on sidewalk targeting pedestrians
Virginia Accident Leaves One Dead
A Sunday morning crash on I-81 near Abingdon, Virginia has left a 23-year-old college student dead. The driver of the 2005 Jeep Wrangler left the northbound lanes of the highway, struck several trees then overturned. The deceased was the only person involved in the single-vehicle accident.
Fleeing Man Causes Fatal Accident in West Virginia
Deputies in Loudon County, Virginia attempted to pull over a speeding driver before he fled the scene and raced across the state line into West Virginia causing a multi-car accident leaving one person dead and five others injured, including the fleeing driver. The DC man was driving a stolen Toyota 4Runner on Wednesday morning around 3am when he crossed into oncoming traffic and sideswiped a car carrying three people, […]
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NY Man Charged with Vehicular Assault, DWI in Motorcycle Crash
Drunk driver hit motorcyclist, who suffered serious leg injury
Man Charged with Vehicular Assault, DWI in Motorcycle Crash
A Montour Falls, NY man was charged with vehicular assault when he hit and injured a motorcyclist while driving drunk. The accident occurred Friday after the drunk driver turned into the path of a motorcycle at College Avenue and Turner Park in Montour Falls. The motorcyclist sustained a serious leg injury and was airlifted to Robert Sayre Hospital. In addition to the first-degree vehicular assault charge, the driver was also charged with driving while intoxicated, failure to yield the right of way and failure to keep right.
Drug-Impaired Driver Charged in Accident
A New York woman was charged with driving while impaired by drugs, leaving the scene of a property damage accident and various other traffic violations after crashing her car into several road signs on Thursday. […]
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Nine-Car Accident Causes Injuries in MA
Reckless driver weaving between lanes causes nine-car accident
Fatal Car Accident In Woodford County, Kentucky
The driver of a Volkswagen Jetta ran a red light and ran into a Mercedes at the intersection of Falling Springs Boulevard and McCowans Ferry Road around 8:00 p.m. on Tuesday, according to Lex18.com. One person in the Mercedes was killed and another in that car was taken to the hospital with life-threatening injuries. The driver of the Volkswagen was taken to the hospital with non life-threatening injuries.
Traffic Snarled Following Three Car Accident in Michigan
U.S. 23 north of Lee Road in Green Oak Township was the scene of a three car accident around 4:30 p.m. on Tuesday. Traffic was slowed on both sides of the freeway and one person in the accident was taken to the hospital. Michigan State Police are still investigating the accident in which one vehicle ended up on the southbound side of U.S. […]
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Fiery Crash in NY Kills One Teen, Injures Four
Speeding suspected to be the cause of the fatal teen crash
Teen Pulled From Burning Car after Fiery Crash In N.Y.
One teen is dead and four are injured following a Wednesday night crash in Rush, N.Y. Speed is suspected in the crash where the vehicle overturned and caught fire. One man heard the car go by, and then heard the crash. He rushed to the scene in his truck and was able to pull one girl out by cutting her seatbelt, saving her life. All she remembers of the incident is swerving, panicking, and calling her mom to tell her she had been in an accident. Most of the five teens grew up together.
Iowa Man Killed In Head-On Collision
A 61-year-old man was pronounced dead at the scene of an accident on I-80 Wednesday night when a van crossed over the median and crashed with his Chevy HHR, […]
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Car Crashes into a Home in Georgia
Woman arrested for driving with a suspended license and not obeying seatbelt laws
Three Go To Hospital Following 4-Car Crash In California
Just before 3pm on Tuesday a Toyota Tacoma pickup truck rear-ended a van, went through a chain-link fence then down a 15-20 foot embankment onto the freeway. The Toyota then struck the post of a speed limit sign and continued across the northbound lane of highway 49 into the path of a 1968 Jeep, catapulting the Jeep which eventually stopped across both northbound lanes. The driver of the Jeep was flown to Sutter Roseville Medical Center with moderate injuries, reports The Union.com. The other drivers suffered minor injuries.
Montana Man Killed In One Car Rollover Accident Was Not Wearing a Seatbelt
A 34-year-old Great Falls man was killed Monday in a single car rollover accident near mile marker 6 on the Vaughn South Frontage Road, […]
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One Dead After Car Crashes Into Chicago Church
Late-night car crash into church kills one and sends two to the emergency room
One Dead After Car Crashes Into Chicago Church
NBC Chicago reports a 22-year-old is dead and two other people are injured following a two car crash around 3:00 a.m. on the 1900 block of West Washington Blvd on the city’s Near West Side Sunday morning. The 22-year-old was pronounced dead at the scene and two others were taken to the hospital in good condition.
Paul Smiths College Student Killed In Adirondacks Car Accident
A 19-year-old student lost control of his 2002 Saturn sedan on Route 86 in Ray Brook, N.Y. on Sunday morning and slid into the path of an oncoming 2010 Honda CRV driven by a 57-year-old male. The student was pronounced dead at the scene and the passenger of the Honda suffered multiple fractures, […]
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