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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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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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 DUI manslaughter, […]
