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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$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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