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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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. […]
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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. […]
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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. […]
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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, […]
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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.” […]
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