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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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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Car Accident Round-Up – Alcohol a Factor in Serious Ohio Car Accident
Plans to improve education of dangers of drinking and driving underway
Three Injured in 5 Car Accident on California Freeway
The Los Angeles Times reports that three people were injured, one seriously, in a 5 car accident on southbound 101 near Los Angeles. One of the victims had to be extricated from the vehicle. The cause of the accident, that shut down the freeway for over an hour on Sunday, is still being investigated.
Train/Car Collide in Durham, North Carolina
A CSX freight train collided with a Toyota Camry around 10:30a.m. Thursday after the driver of the car drove around the lowered crossing arm. The woman escaped injury when the train struck the front corner panel of the car. The accident occurred at NC. 54 near N.C. 55 in Durham, North Carolina. The accident is under investigation.
Costa Mesa Car Accident Injures Two
In a Thursday morning car crash in Costa Mesa, […]
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Car Accident Round-Up – Infant Dies in Tragic Car Accident
Child got out of the house and was hit by family member moving the car
Michigan Teen In Critical Condition Following Accident
SouthBendTribune.com reports a 17-year-old Paw Paw female is in critical condition with life threatening injuries after losing control of her car and being ejected from the vehicle when she crossed the center line into oncoming traffic. The 44-year-old driver of the car that collided with the teen’s car suffered significantly minimized injuries due to the use of his seat belt.
Florida Woman Pinned In Car After Accident
A two-car accident around 7 p.m. Thursday shut down State Road 82 in Lehigh Acres, reports 2RSWFlorida. The accident left one woman pinned in a vehicle for over 30 minutes as firefighters used the Jaws of Life to free her. Eventually they had to use a tow truck to pull the two vehicles apart in order to free the woman. […]
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Car Accident Round-up — Cell Phone/Text Messaging Implicated In S.C Teen’s Death
Distracted driving is a leading cause of car accidents in the United States
Cell Phone/Text Messaging Involved In S.C Teen’s Death
South Carolina State troopers say a high school senior was killed when her Honda Accord crossed the center lane and hit the rear tires of a log truck’s trailer which was traveling in the opposite direction. The accident happened in Beaufort County. Witnesses say the student appeared to be looking down at the time of the accident and information retrieved from her phone shows she was reading and sending text messages while driving home from school. She had read a text less than a minute before the first 911 call was made, reports WITN.com.
One Dead and One Injured In Fiery Salt Lake City Crash
It is not yet know if a woman died from her injuries after her Mazda sedan hit a pickup truck in downtown Salt Lake City or if she died from the flames when her car caught fire after the impact, […]
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Car Accident Round-Up — Two SC Students Killed in Head-On Wreck
Nissan Pathfinder hits car head-on attempting to pass on the highway; kills both passengers in tragic accident
Two Charleston Students Killed In Car Accident
Two Charleston students are dead after a car accident Dec. 29 night in Aiken county, SC. Officials say 22-year-old Katie Scott and 24-year-old Alexander Bush died from injuries in the crash, according to news reports. Aiken County Coroner Tim Carlton says a Pathfinder driven by another South Carolina motorist hit the couple head-on as he tried to pass a car on Highway 302.
Two Massachusetts Drivers Killed in Head-On Accident
Two women were killed in a two-car accident Thursday night in Westport, MA, according to a news site. The Massachusetts State Police determined the driver of a Hyundai SUV drove the wrong way on Route 88 and struck a Toyota pickup head-on. Drivers of both vehicles were killed, […]
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Car Accident Round-up — A Car Crashes At President Bush’s Texas Home
Bush family was home but not in danger
Car Crashes Onto Lawn At President Bush’s Home In Texas
A man who was visiting one of President Bush’s neighbors crashed into the front lawn of the president’s residence, reported abcNEWS/U.S. A Secret Service spokesman said the driver was questioned and released. The Bushes were home but never in danger.
Teenager Dies In Car Accident In California
A 19-year-old was the victim of a car accident this week in Sacramento County after she pulled her car into the path of a pickup truck, reported The Sacramento Bee. Tavernor Road has stop signs in both directions at Clay Station Road where the accident happened. At this time it was unclear if she stopped and then entered the intersection or if she slowed and rolled into the intersection.
Florida Restaurant Closes Temporarily Following Car Accident
Examiner.com reports the “Two Blondes and a Shrimp” restaurant in downtown Sanford was closed after a small blue sedan jumped onto the sidewalk and came to a stop when it ran into the restaurant after hitting several other buildings. […]
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Top Trial Lawyers Share Their Winning Strategies
Attorneys Marion Munley and Matt Cartwright attended the American Association for Justice’s annual Weekend with the Stars in New York City December 9-11, where they joined with the nation’s preeminent trial lawyers, sharing winning strategies and techniques.
This year’s Weekend with the Stars “kicked-off” with a seminar devoted entirely to the DePuy Hip Implant Recall. This past August, DePuy Orthopedics, Inc. (A subsidiary of Johnson & Johnson) recalled the ASR Hip Resurfacing and the ASR XL Acetabular Systems, which came on the market in July 2003.
About 93,000 of the medical devices have been recalled due to increased rates of failure and elevated levels of cobalt and chromium, which leads to metallosis. It is estimated that one in 8 patients who received one of these DuPuy hip implants may need revision or a second hip replacement surgery.
Contact Our PA Car Accident Lawyers Today! […]
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Preliminary Truck Crash Data For 2009 Released
Preliminary statistics on 2009 tractor trailer crashes have just been released. The Large Truck and Bus Crash Facts: Early Release is based on crash data from the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), as well as preliminary total vehicle miles traveled (VMT) data from the Federal Highway Administration.
Among the highlights:
- Of the 286,000 police-reported crashes involving large trucks in 2009, 2,987 (1 percent) resulted in at least one fatality, and 51,000 (18 percent) resulted in at least one nonfatal injury.
- Single-vehicle crashes made up 20 percent of all fatal crashes, 16 percent of all injury crashes, and 35 percent of all property damage only crashes involving large trucks.
- Almost two-thirds (64 percent) of all fatal crashes involving large trucks occurred on rural roads, and just over one-fourth (26 percent) occurred on rural and urban Interstate highways. […]
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Car Accident Round-Up — Seven Injured In 3-Car Wreck In South Carolina
Car accidents around the country
WCSC TV in Charleston, South Carolina reports a 1995 Nissan with five passengers hit a 2006 Nissan which was waiting for another car to turn left, shortly before 6 p.m. in Moncks Corner on U.S. 17 near Old Gilliard Road Wednesday night. The 2006 Nissan then hit a Ford large passenger van which had stopped in front of it. Seven people, most of them teenagers, were taken to hospital, but none had life-threatening injuries.
“Coughing Fit” Causes Power Outage In Tallahassee
Fallschase shopping plaza suffered a power blackout this week when a driver lost control of his car and tore through some power lines, reports WCTV in Tallahassee. According to the report, the driver of the Lincoln Navigator, he had a coughing fit and ran off Buck Lake Road and flipped onto the service road for the shopping plaza. […]
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Car Accident Round-Up — Car Crashes Into Mississippi Salon
No injuries sustained in salon car accident
Car Crashes Into Salon In Mississippi
Salon Lefleur in Jackson was surprised when a woman drove her car into the building early Thursday morning, reports clarionledger.com. There were no injuries, but the salon and a restaurant next door were damaged. The woman was driving toward the salon when her foot slipped off the brake and the front of her car crashed into the wall separating the salon and restaurant.
California Woman Killed In Early Morning Crash On I-880
An early morning crash in San Leandro has taken the life of a 40-year-old- Oakley woman reports the Oakland Tribune. The woman lost control of her 2010 Subaru in the early morning hours and veered into the center median, then the shoulder of the freeway – hitting barrels and finally coming to a stop perpendicular to traffic. […]
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Car Accident Round-Up — All Is Not ‘OK’ When Text Messaging Before Car Wreck
Distracted driving including text messaging is a leading cause of car accidents
Homeless Man Dead After Thanksgiving Accident With Jackie Autry’s Car
The widow of former Angels owner Gene Autry says the Thanksgiving night event which left a homeless man dead was an accident, reports the Los Angeles Times. She was driving home from a Thanksgiving dinner and traveling about 25 mph when she hit a man who crossed the street with no lights and wearing black clothes. She called 911 but the man died about an hour later, the paper reported.
Forty Plus Car Accidents In Delaware County Due To Winter Weather
Wednesday’s brutal weather, which followed months of above average temperatures, brought over 40 car accident reports to police departments in Delaware County, reports the starpress.com. Injuries, roll-overs, and vehicular entrapments were reported, but no fatalities.
Two Car Fatal Accident Closes Route 29 in Easton, […]
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New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident
The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident. The judge added $900,000 to the $1.1 million award from the jury.
In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate. While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs. The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.
Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.
In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses. The man’s attorney filed a motion for an “additur” with the judge which was granted and raised the award another $900,000. […]
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Car Accident Round-Up
Car accidents around the United States
SUV Rollover Results in Fatality
A 20-year-old woman died in a single car crash on I-95 near Springfield, Virginia, after the car in which she was a passenger struck the jersey barrier throwing her from the vehicle. The driver of the vehicle, the woman’s mother, was injured but her injuries were not believed to be life threatening. Virginia state police believe the driver lost control of the SUV while traveling in the far right lane, then overturned across all four lanes of the road before the vehicle came to a stop against the jersey barrier.
Man Dies After Being Ejected from Car in Head-On Collision
The Cullman Times reports that a Cullman County man and his dog were killed when the car they were riding in collided with a dump truck. The impact from the head-on collision ejected the man from his vehicle. […]
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$1.8 Million Award Against Hyundai Following Teen’s Death
A jury in San Angelo (Texas) federal court has reached a $1.8 million award against Hyundai Motor Company in favor of the plaintiff – the father of a 19-year-old girl killed in 2007, reports GoSanAngelo. The teenager was a passenger in a car driven by her sister when the car veered off the road and rolled over. Although she was wearing a seatbelt at the time of the accident, she was thrown out through the back window of the car because her seat was too far reclined. She was pronounced dead on arrival at the hospital.
In filing the lawsuit, the father of the dead girl hopes to call on the auto industry to correct the design which allows a car to be driven with the seat reclined. Experts testified a car seat reclined past 45 degrees is unsafe and the safest position for the passenger seat is in the upright position. […]
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Parents File Lawsuit After Deadly School Bus Accident
The parents of a teenage boy have filed suit against Autumn Transportation following a crash that injured their son and caused emotional turmoil when his friend was killed in the crash, reports the Connecticut News. The parents are suing on behalf of their son according to Connecticut law since the boy is a minor.
The bus went off the highway after it collided with a Volvo station wagon. The suit alleges the bus company allowed a driver who did not have proper training and licensing to drive the school bus, and further claims the company does not adequately supervise or train its drivers. The bus driver’s license has since been suspended by the Department of Motor Vehicles.
Also named in the suit are the bus driver and the teen driver of the Volvo for failing to take necessary precautions to avoid an accident. […]
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$4.4 Million Awarded to Family In Automobile Wrongful Death Case
Department of transportation and subcontractor negligent for car accident
A Utah 4th District Court jury has awarded the family of a man killed in a traffic accident in 2006 almost $4.4 million, reports The Salt Lake Tribune.
Due to state law caps on damages against the state and the victim’s share of the responsibility, the award will be reduced by almost $2 million.
The family of the Payson man sued the state Department of Transportation and a subcontractor for failing to post appropriate signs warning of traffic delays as they were working on the reconstruction of a bridge. The man was killed as he came over the crest of a hill and tried to swerve to miss the driver ahead of him who slammed on his brakes to avoid hitting cars stopped because of the bridge project. He crashed his vehicle and died 13 days later. […]
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$3.5 Million Awarded In Wrongful Death Logging Truck Accident
Speeding truck with faulty brakes causes fatal trucking crash
A Chilton County, Alabama jury has awarded $3.5 million to the family of a man killed when the van he was driving was crushed between two logging trucks, reports the Montgomery Advertiser.
Ken Gorum Trucking and Gary Fruge, the driver of the logging truck, were held responsible for the accident and have been ordered to pay the award. The jury found Fruge was speeding, and the truck had defective brakes, when it crashed into the victim’s van.
The victim’s car was pushed into the logs on the truck in front of him, causing the logs to come through his windshield – one went through his head and killed him. Although the driver claims he was going only 45 miles per hour, evidence suggests he was traveling between 65 and 75 mph.
Progressive Insurance Co, […]
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