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.
More information about Pain and Suffering
Cost of car crashes shows importance of safety measures
According to a new study released by the U.S. Department of Transportations National Highway Traffic Safety Administration (NHTSA), the price tag of car crashes comes at a heavy burden for Americans at $871 billion in economic loss and societal harm. This includes $277 billion in economic costs, nearly $900 for each person living in the U.S., and $594 billion in harm from loss of life and the pain and decreased quality of life due to injuries.
The study was based on 2010 statistics, which included a staggering 32,999 motor vehicle crash fatalities, 3.9 million non-fatal injuries, and 24 million damaged vehicles. We all know that no amount of money can replace the loss of a loved one or the pain and suffering when you are critically injured in a car crash. These figures show us the importance of a greater investment in vehicle safety, driver education and awareness, […]
Read MoreMore information about Pain and Suffering
Most People Will Be Surprised to Hear How Much Money Pennsylvania Personal Injury Lawyers Can Get For a Bus Crash Settlement
Bus Accident Cases are complicated in Pennsylvania – there are many damages you could potentially sue for. Personal injury lawyer explains:
- What damages could you sue for?
- What percentage of bus accident cases do Pennsylvania Personal Injury Lawyers settle?
- What kinds of fees do Personal Injury Lawyers in Pennsylvania charge and when are these fees imposed?
WATCH VIDEO: THE PENNSYLVANIA PERSONAL INJURY LAWYERS AT MUNLEY LAW:
What kinds of damages can Pennsylvania personal injury lawyers recover after your bus crash?
After you or a loved one gets into an accident with a bus or while riding on one, you may be wondering what kinds of damages you could get reimbursed for if your Pennsylvania Personal Injury Lawyers are able to settle your lawsuit for you.
In a Pennslyvania Bus Accident case, […]
Read MoreMore information about Pain and Suffering
What Pennsylvania Personal Injury Lawyers Will Tell You About Insurance Policies That Big Insurance Companies Don’t Want You to Know About
Pennsylvania Law gives you two options for car accident insurance coverage: your insurance company won’t like one of them. A Personal injury lawyer from Munley Law Personal Injury Attorneys explains:
- What’s the difference between a full tort and limited tort policy?
- How much do personal injury lawyers in Pennsylvania charge you to handle your car accident case?
- Do Personal Injury Lawyers in Pennsylvania charge up-front fees?
WATCH VIDEO: PENNSYLVANIA PERSONAL INJURY LAWYERS TALK ABOUT CAR ACCIDENTS:
Pennsylvania personal injury lawyers will advise you to choose “full tort” on your policy
When trying to get money after you get hurt in a car accident, Pennsylvania law provides two options:
Full Tort
or
Limited Tort
If you choose “Limited Tort” […]
Read MoreMore information about Pain and Suffering
New Jersey Bus Driver Arrested after Causing Death of Passenger
The driver of a New Jersey Transit bus has been charged with vehicular homicide in the death of a passenger at an intersection in Passaic last month. The collision occurred after the man exited the bus and tried to cross in front of it as the driver accelerated through the intersection, according to a news report. Documents filed in the case allege that the bus driver ran a red light, hit the passenger and refused to stop despite that fact that passengers were yelling for her to stop. The driver has been a New Jersey Transit driver for 25 years.
Bus Accidents Are Common
Bus accidents are far more common than most people realize. According to the Federal Motor Carrier Safety Administration, there were more than 11,000 bus accidents across the country in 2008, injuring about 24,000 people. For those who depend on buses for transportation, […]
Read MoreMore information about Pain and Suffering
Pennsylvania Drivers Urged to Stay Alert as Children Head Back to School
During the first week of the new school year, a seven-year-old girl died after being struck by a car as she ran to catch the school bus Wednesday in Rocky Mount, North Carolina. The school bus had not yet stopped, but in the girl’s excitement, she darted into traffic and was stuck by an oncoming vehicle. A tragedy like this can play out anywhere as children head back to school in the coming days.
Our Pennsylvania personal injury attorneys join with the Pennsylvania State Police in reminding motorists to be extra careful over the next few weeks as children return to school. We also ask parents and adults to make sure their children know to look both ways before crossing the street, and to wait for the bus to stop before crossing the street.
The National Highway Traffic Safety Administration (NHTSA) reports since 2001 there have been 1,236 school transportation-related crashes. […]
Read MoreMore information about Pain and Suffering
Victims Win Record Pennsylvania Wrongful Death Truck Accident Settlement
The victims of a 2010 Pennsylvania wrongful death truck accident recently agreed to a record $26.1 million settlement of their claims against the truck driver, the truck company and other defendants. The accident occurred on June 6, 2010, on Interstate 80 East when a tractor-trailer rear-ended a Toyota Matrix that was stuck in traffic for road construction. One occupant of the Toyota, the driver’s father, was fatally injured. Two others, including the driver, received serious, life-threatening injuries. Two dogs in the car were also killed.
The driver of the tractor-trailer, who apparently was speeding, said the sun was in his eyes; however, the sun was actually behind him at the time. Because the driver’s recollection of the accident appeared fuzzy, it was alleged that he may have been driving drowsy or even fallen asleep at the wheel, though this was never proven.
Pennsylvania Wrongful Death Actions
The victim of a truck accident has the option to file a personal injury accident lawsuit to recover compensation for any injuries. […]
Read MoreMore information about Pain and Suffering
Pennsylvania Accident Victims Should Request a Copy of Their Vehicle Accident Report
Earlier this month our PA truck accident lawyers offered some information regarding vehicle accident investigations. However, we did not include information on the crash report and what happens with all the information that is compiled – and how you can access that information. Below we explain the importance of a Pennsylvania crash report.
The Pennsylvania State Police, along with the state’s nearly 1,300 local municipal police departments, have a duty to investigate each traffic accident that occurs on the Pennsylvania roadways. That is no easy task with over 120,000 miles of roads and highways in the state. According to the 2010 Pennsylvania Crash Facts and Statistics, in 2010, PA police investigated 121,312 traffic crashes. Of those accidents, 1,324 people died and 87,949 were injured.
When police come upon accidents the scene is often chaotic. The police must first make sure all of the accident victims are properly attended to and then they need to redirect traffic. […]
Read MoreMore information about Pain and Suffering
Police Reconstruct Fatal Pennsylvania Accident
After a double-fatal car accident in Rome Township, PA, on Friday night, state police closed a portion of the road to reconstruct the deadly accident. According to news reports, police closed State Route 1022 Monday morning in Bradford County in an effort to help determine the circumstances surrounding the accident.
A couple died in the Friday night accident when the driver of their car, their 49-year-old son, apparently veered into the oncoming lane, where the vehicle was then struck by a dump truck. The man’s mother and father died at the scene of the accident. He was taken by helicopter to the nearby hospital.
The driver of the dump truck said he saw the SUV coming towards him and swerved to avoid the SUV, however, the two vehicles still struck nearly head-on. The dump truck driver, who was wearing a seatbelt, […]
Read MoreMore information about Pain and Suffering
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.” […]
Read MoreMore information about Pain and Suffering
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. […]
Read MoreMore information about Pain and Suffering
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, […]
Read MoreMore information about Pain and Suffering
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, […]
More information about Pain and Suffering
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. […]
More information about Pain and Suffering
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. […]
More information about Pain and Suffering
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. […]
More information about Pain and Suffering
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, […]
Read MoreMore information about Pain and Suffering
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. […]
Read MoreMore information about Pain and Suffering
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. […]
Read MoreMore information about Pain and Suffering
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, […]
More information about Pain and Suffering
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. […]
