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 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. […]

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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, […]

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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. […]

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Car Accident Round-Up – SC Car Crash Kills Four

Car caught fire, however coroner reports victims were killed upon impact

Four Die in Fiery South Carolina Car Crash
Four friends died in a fiery car crash around 5 a.m. last Wednesday morning in Columbia, South Carolina.  The four, who had been out celebrating a birthday, were traveling together in a Dodge Charger on George Rogers Boulevard when their car slammed into the Farm Bureau building at the Shop Road intersection.  The car became engulfed in flames, but the coroner reports the four died upon impact. The friends were in their early 20’s.  Police are continuing to investigate the accident, however, they believe speed and alcohol may have been contributing factors in the accident.

One Teen Dies, Four Injured in VA Accident
A five-car accident Monday afternoon near Rocky Mount, Virginia has claimed the life of a 17-year-old boy and left three other teens and an adult injured.  […]

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Florida Company Sued in Car Accident Over Driver’s Poor Record

According to NaplesNews.com, the parents of a teen who died in a vehicle accident as he and others were being driven back to their school after competing in a flag football game have filed a lawsuit against the driver’s estate and his employer.  The driver had a poor driving record with over 18 tickets, and the lawsuit alleges the company should not have allowed the man to drive the students.

The accident occurred last month when the driver lost control as he approached a 90-degree turn on Wagon Wheel Road, about three miles west of Turner River Road in Ochopee, Florida.  The vehicle struck a traffic sign and flipped into a canal.  The driver and the teenager died in the accident.  The six other passengers suffered minor injuries.

The lawsuit points out that the driver’s license had been suspended six times, and on the night of the accident his license had been suspended three months.   […]

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