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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What is the Deadliest Day to Drive?
Most Dangerous Days to Be On the Road
Car accidents happen every day all across America. The National Highway Traffic Safety Administration estimates that for the first 9 months of 2021, 31,720 people died in motor vehicle traffic crashes in the U.S. That is up 12% from the same time in 2020 and the highest since 2006.
Certain seasons, days and times of days prove more dangerous than others. Generally any time that sees more drivers on the roads leads to more accidents. This means summertime and holiday seasons are the deadliest days to drive due to high traffic conditions paired with distracted and drunk driving.
If you or a loved one has been injured in a car accident, make sure you have an experienced car accident lawyer by your side. The car accident attorneys at Munley Law Personal Injury Attorneys have been representing accident victims for more than 60 years. […]
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How Much Time Do I Have To Sue After A Slip And Fall Accident?
Statute of Limitations for Slip and Fall Accidents
The statute of limitations varies by state. For example, in Pennsylvania, slip and fall accidents fall under the broad category of “personal injury,” giving you two years from the date of when your injuries first occurred to file suit. When you suffer injuries from slip and falls, trip and falls, and other similar accidents, 42 Pa.C.S. § 5524(2) states that you have two years from the date of your accident to initiate a lawsuit and seek compensation.
Slip and fall accidents caused by negligence or the failure of property owners to maintain safe and hazard-free premises can cause severe injury and even death. According to the New York Times, the winter months are worse for people of all ages, as ice, snow, and slippery trip hazards make slip and fall accidents more prevalent. […]
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Does Filing A Workers’ Compensation Claim Affect Employment?
Worker Compensation Claims and Employment
There are regulations guiding what employers can and cannot ask you when searching for a new job. Worrying about the pain and suffering caused by an on-the-job injury can be stressful. Many employees also worry about how a previous workers’ compensation claim will affect future employment prospects. The reality is that all workers have the right to seek compensation for their injuries. Furthermore, prospective employers should not judge you based on prior injuries or claims made with the workmans’ comp insurance system.
According to the Bureau of Labor Statistics, there were 2.7 million nonfatal injuries and illnesses in private workplaces. While that was a decrease from the previous year, that’s still a significant number of employees who faced hardship due to on-the-job injury. A workers’ compensation claim shouldn’t prevent you from gainful employment or caring for your family in the future. […]
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Will My Employer Pay For An Employee Who Is Out On Workers’ Compensation?
On-the-job injuries affect both you and your family, causing immense pain and suffering while making it difficult to pay your bills. Lost wages, medical bills, and the inability to go to work can cause you and your loved ones all kinds of stress. But while you may be the beneficiary of o0ne of several workers’ compensation programs — according to the U.S. Department of Labor, there are various types of benefits provided to workers injured on the job — you may be wondering whether or not your employer will continue to pay you too.
Employers do not continue to pay their employees while they are receiving workmans’ comp. Instead, injured workers receive periodic or lump-sum payments from a workers’ compensation insurance plan. The plan will usually provide you with a percentage of your paycheck, giving you and your family the ability to pay your bills and live your life while you are unable to work. […]
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How Can I Prove My Pain and Suffering?
The effects of an accident, whether it is a car wreck, slip and fall, medical error, or workplace accident, can have lasting effects on the victim. Debilitating physical injuries and emotional trauma can plague the victim for years to come.
Pain and suffering refers to physical discomfort and emotional toll the victim faces after an accident. These “non-economic damages” accompany the victim after an injury and can include physical pain, discomfort, mental anguish, inconveniences, and emotional distress.
Pain and suffering claims tend to be a bit more complicated than a regular injury claim. You will need a team of pain and suffering lawyers behind you in order to prove you are owed compensation for your trouble. This is where the personal injury lawyers at Munley Law Personal Injury Attorneys come in. […]
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