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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Pennsylvania’s Bike Safety Law In Effect
March saw the enactment of Pennsylvania’s anti-texting law. Continuing the effort to improve safety for all Pennsylvania residents riding the state’s highways, Governor Tom Corbett enacted another safety law in April – the bike safety law. Noting that biking is great exercise and an efficient mode of transportation, state Rep. Ron Miller, R-York sponsored the law that went into effect April 2.
“We need to do all that we can to promote the activity and protect bike enthusiasts through legislation that makes it safer for them to enjoy their sport,” said Miller in an article in the Morning Call.
The bike safety law requires motorists to leave a 4-foot “cushion of safety” when passing a bicyclist. The motorist can cross the center line when passing the cyclist as long as it is safe. In addition, the new law calls for bicyclists “to use all reasonable efforts to avoid impeding the normal flow of traffic.” […]
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PA School Bus Driver Charged With DUI
When parents put their children on a school bus they assume the children will arrive safely at the school. They also assume the driver is experienced and responsible. Unfortunately, for children and their parents in Washington, PA, recently that wasn’t the case. Their school bus driver was charged with DUI after transporting 3 loads of children while legally drunk.
According to the Observer-Reporter.com, after the school bus driver had made three rounds of bringing students to school, he was preparing to take another group on a field trip. A teacher noticed that the man appeared to be under the influence and notified the proper authorities. Police found the driver had a blood alcohol content of .081 – four times the legal limit. The Huffington Post reports the driver was fired.
Fortunately, no one was injured in this incident. However, there have been far too many school bus accidents across the United States this year. […]
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Fatal Van Crash Met With Inadequate Response
Eighth warning issued about 15-passenger vans; Warnings prove ineffectual
In the wake of yet another fatal crash involving a 15-passenger van – this one related to an alleged tire failure – the National Highway Traffic Safety Administration has again issued a consumer advisory about those vans.
A safety advocacy group notes that it is the eighth warning the agency has issued about those vans and says the information is too little and too late. Studies have shown these vans are prone to deadly rollovers. At Munley, Munley & Cartwright, P.C., we agree. The agency needs to take a much firmer stance than issuing safety notices.
The advocacy group Safety Research & Strategies, Inc., speculated that the advisory was issued in response to a recent fatal rollover of a passenger van:
“On March 1, the Epicenter of Worship Church held a prayer vigil for Omberi Erasto, […]
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Four Elderly Women in Fatal PA Car Crash
Four elderly women in car crash on the way to garden club meeting, two killed, two seriously injured
Two Women Die, Two Injured in PA Car Accident
WETM-TV reports four elderly women traveling in a Buick Century were on the way to their monthly “Garden Club” meeting at a nearby Perkins restaurant Thursday around noon when they were in a tragic car accident. The women were at the intersection of Rt. 6 and Dorset Heights in Mansfield when their car collided with an F-250 Ford pickup truck. Two of the women, aged 81- and 89-years old both died in the accident. The two others were seriously injured and were airlifted to the local hospital. The driver of the pickup truck was not injured. Police are continuing to investigate the cause of the accident.
Motorcyclist Dies in Accident in FL
A 77-year-old Florida woman has been charged with DUI manslaughter, […]
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Car Accident Round-Up – Deadly Crashes Around the U.S.
Fatal car accidents around the US remind us to wear a seatbelt
Seven Family Members Injured, One Dies in Hit-and-Run Rollover Accident
An SUV carrying a family of nine traveling on I-80 near Cheyenne, Wyoming, was rear-ended by another vehicle resulting in a rollover accident. Upon impact, the SUV went off the road and rolled over. All of the occupants of the SUV were ejected, except the driver. A six-year-old died in the crash and seven others were injured. The driver of the other vehicle fled the scene, but was apprehended later. The accident occurred around 3:30 a.m. Friday morning as the family traveled from Chicago, IL to California.
Two Die in I-95 Accident in FL
The Florida News Journal reports two men are dead after an accident on I-95 in Palm Bay, Florida. The men were traveling near mile marker 168 in a Volkswagen Jetta when their vehicle rear-ended another car. […]
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Car Accident Round-Up: Students Killed in Wrong Way Crash
Woman slams head-on into vehicle after traveling seven miles in the oncoming lane in fatal car accident
Four Die in Wrong-Way Accident in Ohio
A 69-year-old woman traveled over seven miles the wrong direction on I-75 near Toledo, Ohio, before slamming head-on into a car carrying five college students. The woman and three of the college students died in the Friday morning accident. The two other college students were seriously injured. A caravan of four cars was carrying 16 Bowling Green State University students to the airport for a spring break vacation in the Dominican Republic. Police are investigating to determine why the woman was on the wrong side of the road.
Police Chase Leads to Fatal Car Crash in Pennsylvania
A driver and his passenger died early Monday morning when their car crashed into a wall in Wilkinsburg, PA after a police chase. […]
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Car Accident Round-Up: Fatal Nine-Car Accident in CA
Three dead, 10 injured in car accident caused by woman suspected of being drunk
Nine Car Accident Leaves Three Dead in CA DUI Accident
A nine-car crash in Monterey County, CA left three people dead and approximately 10 people injured, two seriously. According to police, the Wednesday evening accident occurred when a woman suspected of drunk driving reached for her cell phone and crossed the center line in her SUV, striking a Volkswagen head-on. Three occupants of the Volkswagen died and a fourth was seriously injured. After the two vehicles crashed, another seven cars were involved in a chain-reaction crash. The occupants of the Volkswagen and those in another car following them were returning from a funeral in King City. The pileup occurred on Highway 101 near King City, CA.
Man Dies Crossing Street at Busy Philadelphia Intersection
A 77-year-old man crossing the road at Henry Avenue and School House Lane in the East Falls section of Philadelphia was struck by a vehicle last week. […]
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Car Accident Round-Up: Policeman Dies in PA Car Chase
Suspect of previous hit-and-run arrested for suspected vehicular homicide in car accident
Pennsylvania Car Chase Leads to Policeman’s Death
According to the Pittsburgh Post-Gazette, police stopped a 35-year-old man suspected of an earlier hit-and-run accident in Granville, WV early Saturday morning. The man refused to get out of his car, and drove off leading police on a car chase into Pennsylvania. A WV police sergeant had pulled his SUV off the road on I-79 near the one-mile marker in PA and was ready to assist in stopping the vehicle when the suspect crashed into the SUV. The policeman was taken to the nearby hospital where he was later pronounced dead. The suspect was arrested on suspicion of homicide by vehicle while police await toxicology test results. Police believe the man was driving drunk and taking prescription anti-anxiety drugs.
Three U.S. Marines Die in CA Car Accident, […]
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Alcohol-Related Crash in PA Kills WV Policeman
Police officer killed by drunk driver in crash during car chase
A man fleeing police led them on a chase from West Virginia into Pennsylvania where the suspect slammed into a police cruiser, killing 41-year-old Monongalia County, WV Sgt. Michael Todd May. According to the Pittsburgh Post-Gazette, the suspect was arrested on suspicion of homicide by vehicle, and police are awaiting BAC test results. Police believe the man was driving drunk and taking prescription anti-anxiety drugs.
The Saturday morning accident occurred after police stopped a 35-year-old man suspected of an earlier hit-and-run accident. Instead of getting out of the car, the man drove off. May had pulled his SUV off the road on I-79 near the one-mile marker and was ready to assist in stopping the vehicle when the suspect crashed into him.
May leaves behind his parents and a younger brother. […]
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PA Car Accident Serves as Child Safety Reminder
A PA car accident earlier this month in Nicholson Township, about 25 miles outside of Scranton, PA, left a man and his 3-year-old daughter dead. According to an article in the Times-Tribune, the man, who was driving a pickup truck, crossed the center line on West Nicholson Road and struck another pickup head-on. The police report that while the father was wearing a seat belt, the toddler was not in either a child-safety seat or in a seat belt. The girl and her father were both pronounced dead at the scene from “massive traumatic” injuries.
Our Pennsylvania car accident attorneys have seen the devastation that car crashes can cause, and we know that sometimes restraints cannot protect the lives of those in accidents. However, the National Highway Traffic Safety Administration (NHTSA) reports that when properly restrained infants have a 71% greater chance of surviving a car crash and toddlers have a 54 percent decrease in the risk of death. […]
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Car Accident Report – Car Accidents Claim Lives
Fatal car accidents around the country
Father and Child Die in Pennsylvania Head-On Accident
A Wednesday night crash in Nicholson Township, about 25 miles outside of Scranton, PA, left a man and his 3-year-old daughter dead. The Times-Tribune reports the deceased man was driving a Chevy Silverado when he apparently crossed the center line on West Nicholson Road and struck a Dodge pickup head-on. The driver of the Dodge was treated for minor injuries at the hospital and was later released. The police report the child was not restrained in the vehicle and died from “massive traumatic” injuries. She and her father were both pronounced dead at the scene. Police are continuing to investigate the accident.
Chain-Reaction Accident in CT Caused by Drugged Driver
Police in Norwalk, CT say a woman who was on a day-long crack binge, and was fleeing officers, […]
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Car Accident Report –Three MD Teens Die
Teen driver drifts into oncoming lane causing fatal head-on car accident
Four Die in Wrong-Way MD Crash
A sedan carrying three teenagers traveled the wrong way, against traffic, on Route 50 in Anne Arundel County, MD, leading to a crash resulting in four fatalities. The 19-year-old driver of the car crashed head-on into another car, killing the teen and both teenaged passengers, as well as the driver of the other car. The police are continuing to investigate the crash and are relying on 911 tapes, where other drivers reported the wrong-way vehicle, and witnesses for information. The accident occurred around 3:30 a.m. Saturday.
One Teen Dies, Three Injured in Ohio Accident
A Waynesville, OH automobile accident last Thursday left one teenager dead and three others injured. The vehicle in which the teen was traveling was struck by a Chevy Blazer at the intersection of South Main St. […]
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Car Accident Round-Up – SC Car Crash Kills Four
Car caught fire, however coroner reports victims were killed upon impact
Four Die in Fiery South Carolina Car Crash
Four friends died in a fiery car crash around 5 a.m. last Wednesday morning in Columbia, South Carolina. The four, who had been out celebrating a birthday, were traveling together in a Dodge Charger on George Rogers Boulevard when their car slammed into the Farm Bureau Insurance building at the Shop Road intersection. The car became engulfed in flames, but the coroner reports the four died upon impact. The friends were in their early 20’s. Police are continuing to investigate the accident, however, they believe speed and alcohol may have been contributing factors in the accident.
One Teen Dies, Four Injured in VA Accident
A five-car accident Monday afternoon near Rocky Mount, Virginia has claimed the life of a 17-year-old boy and left three other teens and an adult injured. […]
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Florida Company Sued in Car Accident Over Driver’s Poor Record
According to NaplesNews.com, the parents of a teen who died in a vehicle accident as he and others were being driven back to their school after competing in a flag football game have filed a lawsuit against the driver’s estate and his employer. The driver had a poor driving record with over 18 tickets, and the lawsuit alleges the company should not have allowed the man to drive the students.
The accident occurred last month when the driver lost control as he approached a 90-degree turn on Wagon Wheel Road, about three miles west of Turner River Road in Ochopee, Florida. The vehicle struck a traffic sign and flipped into a canal. The driver and the teenager died in the accident. The six other passengers suffered minor injuries.
The lawsuit points out that the driver’s license had been suspended six times, and on the night of the accident his license had been suspended three months. […]
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Minnesota Family Seeks Damages in Fatal Car Crash
The trustee of a teenager who died in a car crash near Claremont, MN, in 2010 is suing the driver and father of the car the teen rear-ended. The lawsuit seeks compensation for loss of aid, medical expenses and funeral expenses, as well as other compensation, according to the PostBulletin.com.
The deceased teen was in the second car traveling in a “caravan” of four cars on their way to a football game. When the driver of the lead car came upon a deer in the roadway he slammed on his brakes causing a chain-reaction collision. The injuries the teen sustained in the accident were fatal.
The lawsuit alleges the driver of the lead car was driving too fast and should have tapped his brakes to warn those following him of the obstacle in the road.
The suit seeks over $100,000, including $50,000 for “the loss of aid, […]
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Lawsuit Settled in HS Football Player’s Death
A 2006 lawsuit filed by the parents of a Henderson County, KY high school football player who died during practice has finally been settled. Although the terms of the settlement are sealed, both parties said they were glad to put the dispute behind them.
The lawsuit claimed negligence against several school personnel and a doctor, but the suit dragged on while the insurance companies continued to argue over which one bore the most responsibility, according to Kentucky.com.
The 16-year-old football player died during practice on a hot, humid day in July. The defendants claimed the teen died due to an underlying cardiac condition.
The father said his son’s death had played a part in changes to state law and athletic regulations that deal with heat. While he said the settlement was a “bitter pill to swallow,” he also said that without filing the suit they would not have gotten the details surrounding their son’s death. […]
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Massive Pile-up on I-10 Leaves Two Dead, Dozens Injured
Poor visibility may be the cause of 40 car pile-up on I-10
Deadly Louisiana Accident Closes Road for More Than Twelve Hours
A massive pile-up on I-10 near New Orleans, LA early in the morning last Thursday left two people dead and dozens more injured. According to WWLTV.com, the crash involved over 40 vehicles and took investigators, emergency responders and clean up crew over 12 hours to clear the wreckage and reopen the highway. Twenty-five people were hospitalized, several critical, and 37 others were injured but were treated at the scene. Poor visibility due to fog or smoke may be to blame.
GA Trooper Crashes into SUV Leaving One Dead
A Georgia state trooper rushing to help another policeman ran through a red light and crashed into an SUV near Atlanta, Georgia on New Year’s Eve. The collision that occurred at the intersection of Capitol Avenue and Memorial Drive killed the wife of the Atlanta Braves head trainer and injured him, […]
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NJ Man Awarded $4 Million in Overdose of Drug at Party
A New Jersey man has been awarded more than $4 million after he suffered permanent nerve damage when he took the drug Xanax that was obtained illegally from a Ridgewood, NJ pharmacy. The drug was given to him at a 2007 party by a former employee of the pharmacy.
According to NJ.com, the lawsuit was filed against the pharmacy, several guests of the party where the then 17-year-old was given the drug, the party’s host, and the host’s mother. The drug was stolen from the pharmacy.
After the man took the drug he fell into a coma. However, the guests did not call 911 and waited a while before finally driving him to the hospital. The man’s nerve damage has impaired his ability to walk and talk, and he is now homebound trying to recuperate. According to his lawyer, he has been declared incompetent. […]
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Segway to Pay $10 Million to Connecticut Man
A Connecticut man was awarded $10 million in a lawsuit against Segway Inc. after the man fell from a Segway he was riding in Sept. 2009 and suffered a traumatic brain injury. Lawyers for the man claimed Segway staff should have supplied the man with a helmet.
The then 23-year-old man was riding in “the Segway Challenge” during a fundraising event at Southern Connecticut State University for the Special Olympics. The man rode the obstacle course, that was set up by Segway employees, with a blindfold on. He fell backwards off the Segway, hitting his head on the floor.
Segway employees are asked to wear helmets, however, the employees did not have any helmets available for those participating in the event. The man’s lawyer claimed that as a result of his brain injury, the accident victim had to drop out of college and has not been able to pursue his dream of becoming a police officer. […]
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Lawsuits Filed in the Indiana State Fair Stage Collapse
According to CBS News, lawsuits in the Indiana State Fair stage collapse on August 13, 2011, are now moving forward. In addition to Sugarland, the band that was to perform that evening, producers, stage riggers and others were named in the suits. Wind gusts over 60 mph caused the stage to collapse prior to Sugarland taking the stage killing seven people and injuring over 40 others.
As bad weather approached the area, fairgoers remained in their seats anticipating Sugarland’s performance. No word was given as to whether the show would go on. CBS News reports Sugarland’s contract specified the act had the final say on whether to cancel the concert due to weather.
One joint lawsuit seeks unspecified damages for 44 survivors and family members of four people who died. Nearly 20 law firms across Indiana, Ohio and Kentucky are representing the interests of the plaintiffs. […]
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