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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Car Accident Round-Up — All Is Not ‘OK’ When Text Messaging Before Car Wreck
Distracted driving including text messaging is a leading cause of car accidents
Homeless Man Dead After Thanksgiving Accident With Jackie Autry’s Car
The widow of former Angels owner Gene Autry says the Thanksgiving night event which left a homeless man dead was an accident, reports the Los Angeles Times. She was driving home from a Thanksgiving dinner and traveling about 25 mph when she hit a man who crossed the street with no lights and wearing black clothes. She called 911 but the man died about an hour later, the paper reported.
Forty Plus Car Accidents In Delaware County Due To Winter Weather
Wednesday’s brutal weather, which followed months of above average temperatures, brought over 40 car accident reports to police departments in Delaware County, reports the starpress.com. Injuries, roll-overs, and vehicular entrapments were reported, but no fatalities.
Two Car Fatal Accident Closes Route 29 in Easton, […]
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New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident
The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident. The judge added $900,000 to the $1.1 million award from the jury.
In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate. While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs. The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.
Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.
In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses. […]
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Car Accident Round-Up
Car accidents around the United States
SUV Rollover Results in Fatality
A 20-year-old woman died in a single car crash on I-95 near Springfield, Virginia, after the car in which she was a passenger struck the jersey barrier throwing her from the vehicle. The driver of the vehicle, the woman’s mother, was injured but her injuries were not believed to be life threatening. Virginia state police believe the driver lost control of the SUV while traveling in the far right lane, then overturned across all four lanes of the road before the vehicle came to a stop against the jersey barrier.
Man Dies After Being Ejected from Car in Head-On Collision
The Cullman Times reports that a Cullman County man and his dog were killed when the car they were riding in collided with a dump truck. The impact from the head-on collision ejected the man from his vehicle. […]
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$1.8 Million Award Against Hyundai Following Teen’s Death
A jury in San Angelo (Texas) federal court has reached a $1.8 million award against Hyundai Motor Company in favor of the plaintiff – the father of a 19-year-old girl killed in 2007, reports GoSanAngelo. The teenager was a passenger in a car driven by her sister when the car veered off the road and rolled over. Although she was wearing a seatbelt at the time of the accident, she was thrown out through the back window of the car because her seat was too far reclined. She was pronounced dead on arrival at the hospital.
In filing the lawsuit, the father of the dead girl hopes to call on the auto industry to correct the design which allows a car to be driven with the seat reclined. Experts testified a car seat reclined past 45 degrees is unsafe and the safest position for the passenger seat is in the upright position. […]
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Ford Motor Company to Pay Paralyzed Woman $23.4 Million
ABC News reports a woman has been awarded $23.4 million by a California jury against Ford Motor Company following a 2007 accident which left her a quadriplegic.
The woman lost control of her Ford Explorer when the tread separated from her rear tire causing her car to roll three times down an embankment. She was left with both of her legs and most of her body paralyzed.
The lawsuit alleged flaws in the 1997 Explorer’s design caused it to lose control when the tire treads separated. Ford argued the accident was caused by worn-out tires.
The jury returned a unanimous verdict for the plaintiff.
If you have been injured or a loved one killed in a vehicle accident that was caused by another person’s carelessness or recklessness, you may be able to recover damages that include medical costs, […]
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