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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Lawsuits Filed in the Indiana State Fair Stage Collapse
According to CBS News, lawsuits in the Indiana State Fair stage collapse on August 13, 2011, are now moving forward. In addition to Sugarland, the band that was to perform that evening, producers, stage riggers and others were named in the suits. Wind gusts over 60 mph caused the stage to collapse prior to Sugarland taking the stage killing seven people and injuring over 40 others.
As bad weather approached the area, fairgoers remained in their seats anticipating Sugarland’s performance. No word was given as to whether the show would go on. CBS News reports Sugarland’s contract specified the act had the final say on whether to cancel the concert due to weather.
One joint lawsuit seeks unspecified damages for 44 survivors and family members of four people who died. Nearly 20 law firms across Indiana, Ohio and Kentucky are representing the interests of the plaintiffs. […]
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New York Man Awarded $1.5 Million After Debilitating Auto Accident
A man who suffered “a permanent, significant physical limitation” as the result of a serious automobile accident on Route 104 in Ontario, New York, has been awarded over $1.5 million by a Monroe County Supreme Court jury.
The man was stopped at a stop light in 2009 when he was hit from behind by another vehicle. He was diagnosed with acute lumbar spine injuries. The defendant‘s insurance company, State Farm Mutual Automobile Insurance Co., offered to settle the case for $5,000 and refused mediation or arbitration to settle the case, forcing the case into trial.
InsuranceNewsNet.com reports the man was awarded $1.25 million in past, present and future pain and suffering and loss of enjoyment of life, along with $321,250 in past and future medical expenses.
About Munley Law Personal Injury Attorneys
Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, […]
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Car Accident Round-Up – PA Woman Dies in Crash
Woman was ejected from the car in the single-car accident
Florida Woman Rescued When Car Plunges into Canal
A Palm Beach County deputy saved a woman from drowning after she crashed her car into a 20-foot-deep canal. The woman was driving home after working the night shift at Target on Black Friday. The 36-year-old woman who apparently fell asleep at the wheel near Muck City Road and Conners Highway in Pahokee, FL awoke in the canal and called 911. She is not able to swim and the deputy arrived in time to pull her to safety. She was treated at a local hospital and released.
Fatal NC Accident
An SUV traveling westbound on N.C. 211 unexpectedly slowed and attempted to make a U-turn when it was struck by a tractor-trailer Monday morning. The driver of the tractor-trailer, traveling behind the SUV, swerved to miss the vehicle but ended up striking the driver’s door sending the vehicle up a 20-foot embankment. […]
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IL Family Wins $36 Million in Fiery Train Derailment Lawsuit
A Rockford, Illinois family will receive $36 million from the Canadian National Railway Company after the wife and mother died as a result of a train derailment near Rockford in June 2009. The woman’s husband and daughter were both seriously injured in the fiery explosion.
The family was sitting at the railroad crossing when 18 of the 114 cars of the train, which were carrying over 2 million gallons of ethanol, derailed and erupted in flames. The family car became engulfed in flames. The woman died as she ran from the car trying to escape the fire. The daughter, who was 19-years-old and pregnant at the time, suffered serious burns and lost her baby.
The family’s lawyer found that the train’s engineer had been warned that the track was washed out in the direction he was heading. However, instead of stopping the train, the engineer apparently sped up in hopes of maneuvering the tracks. […]
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Kentucky Woman Awarded Over $800,000 in Tractor-Trailer Crash
A Kentucky woman was awarded more than $800,000 by a Vanderburgh Superior Court jury for injuries she suffered in a 2008 vehicle accident with a Fat Boys Trucking semi. The tractor-trailer driver was cited for disregarding a traffic signal after he ran a red light at U.S. 41 and Indiana 57 in Evansville, KY and struck the woman’s van.
The woman has been unable to work since suffering knee and shoulder injuries and post-traumatic stress disorder as a result of the accident, according to her lawyer. The lawsuit was filed seeking compensatory damages against the trucking company.
The woman was traveling westbound on Indiana 57 attempting to turn south onto U.S. 41. when her Dodge Caravan was struck by the semi as it came through the traffic light. The woman’s van then went to the left, overturning on its side. The truck was hauling over 100 cattle from Kentucky to Kansas. […]
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