Pain and Suffering

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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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. […]

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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, […]

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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 manslaughter, […]

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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.  […]

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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.  […]

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