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 Do I Do if I Get Hit by a Car on My Bike?”
Whether you live in a small town or you reside in a more urban setting, chances are, now that summer is in full-swing, you’ll be breaking out the bike regularly to go for a ride around your way. Not only is bicycling great exercise, it also provides you with a chance to escape the confines of your office or your home and hit the open road, welcoming the feeling of a comforting, warm breeze at your back.
As with any form of transportation, though, there can be some risk involved. Since only two percent of all automobile deaths and only two percent of all injured parties from automobile crashes are cyclists, according to the National Highway Traffic Safety Administration, biking is generally safe. You can proactively help avoid an accident by signaling your turns, wearing reflective clothing, obeying traffic rules, […]
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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, […]
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Car Accident Lawyers Questions & Answers
Car Accident Frequently Asked Questions (FAQs)
Q: If I’ve Been in a Car Accident, do I Need a Lawyer?
A: It depends. If you did not suffer any injuries in the accident, you may settle your insurance claim without need for legal help. However, if you or someone you know were injured in the accident, the claim becomes more complicated. As the injured victim, you have the right to seek compensation from the at-fault party for your medical costs, pain and suffering, and other losses. Insurance companies have high-paid lawyers and experts who will fight against you to make sure you get as little money as possible. Statistically, people represented by lawyers get three times more settlement money than people who do it themselves. So, while you don’t need a lawyer, […]
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Defending Yourself After a Trucking Accident – Advice from Dan Munley, Personal Injury Attorney at Munley Law Personal Injury Attorneys
While I’ve seen them often, it always pains me to see trucking and car accidents. The one that took place today on I-94 in Michigan City, Indiana is one of the worst semi-trailer accidents this lawyer has seen. According to NBC Chicago’s report of the accident, three deaths have already been confirmed. The crash involved over 15 semi-trailers (semi-trucks) and dozens of passenger vehicles, which were pinned underneath these large semi trucks. Many of the injured were taken to University of Indiana Health-LaPorte Hospital for treatment of injuries.
Sadly, many of these victim’s families are probably at the hospital right now, focused on their loved one’s safety, meanwhile, the law firms representing the insurance companies are likely already beginning to do everything they can to minimize compensation or reimbursement for pain and suffering. That includes making evidence disappear quickly. […]
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Dan Munley, Scranton Injury Lawyer, Explains Why The Roads Can Be Dangerous the Day After Bad Weather
During the winter months in Pennsylvania everyone knows that bad weather can create hazardous road conditions, which lead to car accidents.
But snow and ice can even create dangerous conditions for motorists long after the snow has been cleared from the roads. After the streets have been plowed and the walkways shoveled, ice and snow may still be present on the rooftops of vehicles. This build-up of snow and ice may dislodge while the car is being driven, and cause serious injury to others. This danger is increased when the vehicle is a tractor trailer that can hurl ice from its roof at dangerously high speeds while driving on the highway.
As a personal injury lawyer at Munley Law Personal Injury Attorneys of Scranton, Pennsylvania, I have handled cases where tractor trailer drivers and other motorists forget to remove snow and ice from their vehicles before taking to the road, […]
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