Pain and Suffering

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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The hashtag #whiledriving shows a disturbing trend

distracted-driverOne of the more idiotic and dangerous trends to develop recently is the hashtag #whiledriving.

Erie Insurance, a Pennsylvania insurance company,  published a study of social media data showing a surge in the use of the hashtag, reflecting a growing number of drivers who pull out their phones, take a picture, and post it to Twitter and Instagram – all while driving. Most of the posts were photos of nature, clouds, a sunset, traffic, and selfies.

The top U.S. states with the most posts using #whiledriving were:

  1. California
  2. Florida
  3. Texas
  4. South Carolina
  5. New York
  6. Illinois
  7. Massachusetts
  8. Oregon
  9. Colorado
  10. Nevada

No selfie or picture of the sunset is worth putting your life or someone else’s life in danger. […]

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E-Cigarette Explosion Lawyer

Munley Law Personal Injury Attorneys is reviewing cases involving potential product liability lawsuits against the makers of electronic cigarettes that have caused serious injuries and burns after an explosion.  If you or someone you know have been hurt by an e-cigarette explosion, contact our office to learn about your legal options. Our product liability lawyers have decades of experience obtaining justice for people who have been injured by an unsafe or defective product. We will review the details of your situation, answer your questions, and help you to determine the next steps to take – at no charge. Call [phone-number] or fill out our email form.

E-Cigarettes, E-Cigs, and Vaporizers Causing Serious Burn Injuries

e-cigarette explosion lawyer munley lawThe use of e-cigarettes (or “vaping”) has become an increasingly popular alternative to smoking tobacco, especially among young people. Unfortunately, these devices are currently not regulated by the Food and Drug Administration (FDA), […]

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Fatal ATV Accidents in PA: Tips to Avoid a Deadly Wreck

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It’s becoming a problem:

A  number of recent ATV accidents in our area resulted in serious injury or death.  Three of those occurred within the last month.

All-terrain vehicles, also called four-wheelers or quads,  are popular among both kids and adults, but accidents involving these vehicles can cause severe injuries or loss of life. Children are able to drive an ATV long before they’re eligible for a learner’s permit to drive a car. There are laws governing ATV use in Pennsylvania, but because many people ride ATVs on private property or in the woods in rural areas, it’s very easy to break those laws. Usually, that’s how people get hurt.

To avoid a potentially devastating ATV accident, everyone who rides an ATV should have a basic understanding of PA’s ATV laws and these safety tips:

1. Alcohol was said to be a factor in one of the most recent fatal ATV wrecks in Northeast PA. […]

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What you MUST know before buying car insurance

8111184_sOne of the most important factors in determining whether you are able to take legal action after a car accident is the tort option on your auto insurance policy. Unfortunately, many people don’t know what tort option they have.

Listen as Attorney Marion Munley explains the difference between full and limited tort, and why it makes a big difference.

Full Tort vs. Limited Tort

When buying car insurance In Pennsylvania, you have the option to choose full tort or limited tort. Full tort allows you to pursue legal action in the event of an accident, regardless of the severity of your injuries. Limited tort, on the other hand, limits your right to compensation in an auto accident. And, this limitation does not just apply to you – it may also apply to the other members of your household.

With a limited tort policy, […]

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Carbon monoxide is the #1 cause of accidental poisoning

carbon monoxide

New PA law requires landlords to install carbon monoxide alarms in all units

You would not move into a house or apartment that did not have a smoke detector – but what about a carbon monoxide detector?  Unlike smoke, carbon monoxide is odorless, colorless, and often goes undetected until it is too late.

A new law in Pennsylvania, the Carbon Monoxide Alarm Standards Act,   requires landlords to have carbon monoxide alarms installed in all of their units by June, 2015.  Pennsylvania is reportedly among the states with the most accidental carbon monoxide poisonings in the country. Whether law requires it or not, it is best practice for all homeowners and renters to have carbon monoxide detectors installed. They are generally inexpensive and it is the only means of detecting an otherwise undetectable substance that could cause serious harm or death. […]

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