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 – CO Accident Takes Life of TX Billionaire
Texas billionaire broadsided by sports utility vehicle in Colorado
Texas Billionaire Dies in CO Car Accident
Charles Wyly, a 77-year-old Texas billionaire and philanthropist, died near Aspen, CO in a two-car crash on Sunday. Wyly, who was driving a Porsche, was turning back onto the highway near the airport, when his car was broadsided by a sport utility vehicle. Police believe Wyly failed to yield prior to entering the highway. Wyly, who was central to building the Dallas Arts District, was pronounced dead at the local hospital. The other driver suffered moderate injuries.
Rear-end Collision in FL on I-95 Kills One, Injures Two
A car stopped on the northbound lanes of I-95, north of Okeechobee Boulevard near exit 71, was rear-ended by another car early Sunday morning resulting in the death of a passenger, and serious injuries to the two drivers. The interstate was closed for close to four hours while rescue workers worked at the scene. […]
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California Women Awarded $1.2 Million in DUI Civil Lawsuit
Two CA women receive settlement after being hit by drunk driver
Two women, who suffered permanent injuries after an automobile accident with an assistant district attorney in Los Angeles who was driving drunk, agreed to a $1.2 million settlement in a civil lawsuit against the woman. The two women had already been awarded more than $1 million in compensatory damages by a jury.
The assistant DA had a BAC of .26, more than three times the legal limit, and admitted that she knew she was drunk. She decided to drive anyway in hopes that she would get home without getting caught. In the April 2010 accident, she rear-ended the two women near Long Beach, CA resulting in one woman suffering back injuries, facial scars and lost teeth, and the other suffering from back injuries.
The women had sought $2 million, but agreed to the settlement to avoid a second trial and to get immediate payment. […]
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MA Teen Dies in SUV Rollover Crash
15 Year old boy was not wearing seatbelt when car rolled over
Teenager Dies in I-90 Accident in MA
I-90 in West Springfield, MA was closed for over four hours last week while police investigated a one-car crash that resulted in the death of a 15-year-old boy. An SUV driven by a 17-year-old was traveling eastbound in the far right lane of the interstate when the driver moved into the left lane to pass a vehicle. The driver then attempted to move back into the right lane when she realized another vehicle was in the left lane. She lost control of the SUV and went off the road onto the shoulder where the vehicle flipped over several times landing on its roof. The boy, who was not wearing a seatbelt, was pronounced dead at the scene. The other passengers and driver were treated for minor injuries. […]
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CA Family Awarded $29.2 Million in Car Crash Lawsuit
Two children dead, one paralyzed in head-on car crash
The family of two children that died in November 2006 in a head-on collision on Highway 12 near Fairfield, California has been awarded $29.2 million by a Solano County jury. The driver of an SUV crossed the center line and slammed into the oncoming passenger car leaving the two children dead, one child paralyzed from the waist down and the mother, and driver of the car, in the hospital for 2 months recovering from her injuries.
The driver of the SUV was traveling close to 80 MPH and attempted to pass two vehicles in a no-passing zone. He was sentenced to 23 years in prison. He was found 65% liable in the case, but due to his limited insurance coverage the state will pay the majority of the award.
The state was found 35% responsible in the case for unsafe conditions on the roadway. […]
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Series of Fatal Accidents: Tragic NY Crash Kills 5
Passing car sends van of 13 Amish farmers under a tractor killing five and injuring nine in fatal accident
New York Accident Kills Five, Injures Nine
First in a series of fatal accidents: A north bound van carrying 13 farmers from the Amish community in Steuben County was sideswiped by a south bound car passing a slow-moving tractor sending the van into and under the tractor killing 5 of the passengers. Seven others in the van were seriously injured. The driver and passenger of the tractor were also injured. The driver of the car that caused the Tuesday afternoon accident was not injured, and he has been charged with five counts of criminally negligent homicide, driving while intoxicated, reckless driving, unsafe passing, speed not reasonable and prudent, and failure to keep right after passing. He is being held on $125,000 cash bail or $250,000 bond.
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$1.25 Million Awarded After Surgeon Was Found Negligent
Surgeon found negligent in botched procedure
A 67-year-old Ithaca, New York woman was awarded $1.25 million after her surgeon was found negligent when a 2007 gallbladder operation left her gravely ill and fighting for her life. The surgeon at Cayuga Medical Center had been practicing for over 15 years when found at fault.
The woman entered the hospital complaining of an upset stomach when she was told her gallbladder needed to be removed. The woman’s bowel was unintentionally cut during surgery, yet the surgeon did not inspect the bowel for injury prior to completing the surgical procedure.
Almost immediately the woman became severely ill, exhibiting multiple signs of infection. 32 hours after the first operation, she was operated on again to find the source of the infection, and then to repair the injured bowel. The woman also underwent four more surgeries, needed a ventilator, […]
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PA Driver Tries to Run Down Pedestrians
No one injured after man drives on sidewalk targeting pedestrians
Virginia Accident Leaves One Dead
A Sunday morning crash on I-81 near Abingdon, Virginia has left a 23-year-old college student dead. The driver of the 2005 Jeep Wrangler left the northbound lanes of the highway, struck several trees then overturned. The deceased was the only person involved in the single-vehicle accident.
Fleeing Man Causes Fatal Accident in West Virginia
Deputies in Loudon County, Virginia attempted to pull over a speeding driver before he fled the scene and raced across the state line into West Virginia causing a multi-car accident leaving one person dead and five others injured, including the fleeing driver. The DC man was driving a stolen Toyota 4Runner on Wednesday morning around 3am when he crossed into oncoming traffic and sideswiped a car carrying three people, […]
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NY Man Charged with Vehicular Assault, DWI in Motorcycle Crash
Drunk driver hit motorcyclist, who suffered serious leg injury
Man Charged with Vehicular Assault, DWI in Motorcycle Crash
A Montour Falls, NY man was charged with vehicular assault when he hit and injured a motorcyclist while driving drunk. The accident occurred Friday after the drunk driver turned into the path of a motorcycle at College Avenue and Turner Park in Montour Falls. The motorcyclist sustained a serious leg injury and was airlifted to Robert Sayre Hospital. In addition to the first-degree vehicular assault charge, the driver was also charged with driving while intoxicated, failure to yield the right of way and failure to keep right.
Drug-Impaired Driver Charged in Accident
A New York woman was charged with driving while impaired by drugs, leaving the scene of a property damage accident and various other traffic violations after crashing her car into several road signs on Thursday. […]
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Nine-Car Accident Causes Injuries in MA
Reckless driver weaving between lanes causes nine-car accident
Fatal Car Accident In Woodford County, Kentucky
The driver of a Volkswagen Jetta ran a red light and ran into a Mercedes at the intersection of Falling Springs Boulevard and McCowans Ferry Road around 8:00 p.m. on Tuesday, according to Lex18.com. One person in the Mercedes was killed and another in that car was taken to the hospital with life-threatening injuries. The driver of the Volkswagen was taken to the hospital with non life-threatening injuries.
Traffic Snarled Following Three Car Accident in Michigan
U.S. 23 north of Lee Road in Green Oak Township was the scene of a three car accident around 4:30 p.m. on Tuesday. Traffic was slowed on both sides of the freeway and one person in the accident was taken to the hospital. Michigan State Police are still investigating the accident in which one vehicle ended up on the southbound side of U.S. […]
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Fiery Crash in NY Kills One Teen, Injures Four
Speeding suspected to be the cause of the fatal teen crash
Teen Pulled From Burning Car after Fiery Crash In N.Y.
One teen is dead and four are injured following a Wednesday night crash in Rush, N.Y. Speed is suspected in the crash where the vehicle overturned and caught fire. One man heard the car go by, and then heard the crash. He rushed to the scene in his truck and was able to pull one girl out by cutting her seatbelt, saving her life. All she remembers of the incident is swerving, panicking, and calling her mom to tell her she had been in an accident. Most of the five teens grew up together.
Iowa Man Killed In Head-On Collision
A 61-year-old man was pronounced dead at the scene of an accident on I-80 Wednesday night when a van crossed over the median and crashed with his Chevy HHR, […]
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Car Crashes into a Home in Georgia
Woman arrested for driving with a suspended license and not obeying seatbelt laws
Three Go To Hospital Following 4-Car Crash In California
Just before 3pm on Tuesday a Toyota Tacoma pickup truck rear-ended a van, went through a chain-link fence then down a 15-20 foot embankment onto the freeway. The Toyota then struck the post of a speed limit sign and continued across the northbound lane of highway 49 into the path of a 1968 Jeep, catapulting the Jeep which eventually stopped across both northbound lanes. The driver of the Jeep was flown to Sutter Roseville Medical Center with moderate injuries, reports The Union.com. The other drivers suffered minor injuries.
Montana Man Killed In One Car Rollover Accident Was Not Wearing a Seatbelt
A 34-year-old Great Falls man was killed Monday in a single car rollover accident near mile marker 6 on the Vaughn South Frontage Road, […]
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One Dead After Car Crashes Into Chicago Church
Late-night car crash into church kills one and sends two to the emergency room
One Dead After Car Crashes Into Chicago Church
NBC Chicago reports a 22-year-old is dead and two other people are injured following a two car crash around 3:00 a.m. on the 1900 block of West Washington Blvd on the city’s Near West Side Sunday morning. The 22-year-old was pronounced dead at the scene and two others were taken to the hospital in good condition.
Paul Smiths College Student Killed In Adirondacks Car Accident
A 19-year-old student lost control of his 2002 Saturn sedan on Route 86 in Ray Brook, N.Y. on Sunday morning and slid into the path of an oncoming 2010 Honda CRV driven by a 57-year-old male. The student was pronounced dead at the scene and the passenger of the Honda suffered multiple fractures, […]
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Car Accident Round-Up – Alcohol a Factor in Serious Ohio Car Accident
Plans to improve education of dangers of drinking and driving underway
Three Injured in 5 Car Accident on California Freeway
The Los Angeles Times reports that three people were injured, one seriously, in a 5 car accident on southbound 101 near Los Angeles. One of the victims had to be extricated from the vehicle. The cause of the accident, that shut down the freeway for over an hour on Sunday, is still being investigated.
Train/Car Collide in Durham, North Carolina
A CSX freight train collided with a Toyota Camry around 10:30a.m. Thursday after the driver of the car drove around the lowered crossing arm. The woman escaped injury when the train struck the front corner panel of the car. The accident occurred at NC. 54 near N.C. 55 in Durham, North Carolina. The accident is under investigation.
Costa Mesa Car Accident Injures Two
In a Thursday morning car crash in Costa Mesa, […]
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Car Accident Round-Up – Infant Dies in Tragic Car Accident
Child got out of the house and was hit by family member moving the car
Michigan Teen In Critical Condition Following Accident
SouthBendTribune.com reports a 17-year-old Paw Paw female is in critical condition with life threatening injuries after losing control of her car and being ejected from the vehicle when she crossed the center line into oncoming traffic. The 44-year-old driver of the car that collided with the teen’s car suffered significantly minimized injuries due to the use of his seat belt.
Florida Woman Pinned In Car After Accident
A two-car accident around 7 p.m. Thursday shut down State Road 82 in Lehigh Acres, reports 2RSWFlorida. The accident left one woman pinned in a vehicle for over 30 minutes as firefighters used the Jaws of Life to free her. Eventually they had to use a tow truck to pull the two vehicles apart in order to free the woman. […]
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Car Accident Round-up — Cell Phone/Text Messaging Implicated In S.C Teen’s Death
Distracted driving is a leading cause of car accidents in the United States
Cell Phone/Text Messaging Involved In S.C Teen’s Death
South Carolina State troopers say a high school senior was killed when her Honda Accord crossed the center lane and hit the rear tires of a log truck’s trailer which was traveling in the opposite direction. The accident happened in Beaufort County. Witnesses say the student appeared to be looking down at the time of the accident and information retrieved from her phone shows she was reading and sending text messages while driving home from school. She had read a text less than a minute before the first 911 call was made, reports WITN.com.
One Dead and One Injured In Fiery Salt Lake City Crash
It is not yet know if a woman died from her injuries after her Mazda sedan hit a pickup truck in downtown Salt Lake City or if she died from the flames when her car caught fire after the impact, […]
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Car Accident Round-Up — Two SC Students Killed in Head-On Wreck
Nissan Pathfinder hits car head-on attempting to pass on the highway; kills both passengers in tragic accident
Two Charleston Students Killed In Car Accident
Two Charleston students are dead after a car accident Dec. 29 night in Aiken county, SC. Officials say 22-year-old Katie Scott and 24-year-old Alexander Bush died from injuries in the crash, according to news reports. Aiken County Coroner Tim Carlton says a Pathfinder driven by another South Carolina motorist hit the couple head-on as he tried to pass a car on Highway 302.
Two Massachusetts Drivers Killed in Head-On Accident
Two women were killed in a two-car accident Thursday night in Westport, MA, according to a news site. The Massachusetts State Police determined the driver of a Hyundai SUV drove the wrong way on Route 88 and struck a Toyota pickup head-on. Drivers of both vehicles were killed, […]
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Car Accident Round-up — A Car Crashes At President Bush’s Texas Home
Bush family was home but not in danger
Car Crashes Onto Lawn At President Bush’s Home In Texas
A man who was visiting one of President Bush’s neighbors crashed into the front lawn of the president’s residence, reported abcNEWS/U.S. A Secret Service spokesman said the driver was questioned and released. The Bushes were home but never in danger.
Teenager Dies In Car Accident In California
A 19-year-old was the victim of a car accident this week in Sacramento County after she pulled her car into the path of a pickup truck, reported The Sacramento Bee. Tavernor Road has stop signs in both directions at Clay Station Road where the accident happened. At this time it was unclear if she stopped and then entered the intersection or if she slowed and rolled into the intersection.
Florida Restaurant Closes Temporarily Following Car Accident
Examiner.com reports the “Two Blondes and a Shrimp” restaurant in downtown Sanford was closed after a small blue sedan jumped onto the sidewalk and came to a stop when it ran into the restaurant after hitting several other buildings. […]
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Top Trial Lawyers Share Their Winning Strategies
Attorneys Marion Munley and Matt Cartwright attended the American Association for Justice’s annual Weekend with the Stars in New York City December 9-11, where they joined with the nation’s preeminent trial lawyers, sharing winning strategies and techniques.
This year’s Weekend with the Stars “kicked-off” with a seminar devoted entirely to the DePuy Hip Implant Recall. This past August, DePuy Orthopedics, Inc. (A subsidiary of Johnson & Johnson) recalled the ASR Hip Resurfacing and the ASR XL Acetabular Systems, which came on the market in July 2003.
About 93,000 of the medical devices have been recalled due to increased rates of failure and elevated levels of cobalt and chromium, which leads to metallosis. It is estimated that one in 8 patients who received one of these DuPuy hip implants may need revision or a second hip replacement surgery.
Contact Our PA Car Accident Lawyers Today! […]
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Preliminary Truck Crash Data For 2009 Released
Preliminary statistics on 2009 tractor trailer crashes have just been released. The Large Truck and Bus Crash Facts: Early Release is based on crash data from the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), as well as preliminary total vehicle miles traveled (VMT) data from the Federal Highway Administration.
Among the highlights:
- Of the 286,000 police-reported crashes involving large trucks in 2009, 2,987 (1 percent) resulted in at least one fatality, and 51,000 (18 percent) resulted in at least one nonfatal injury.
- Single-vehicle crashes made up 20 percent of all fatal crashes, 16 percent of all injury crashes, and 35 percent of all property damage only crashes involving large trucks.
- Almost two-thirds (64 percent) of all fatal crashes involving large trucks occurred on rural roads, and just over one-fourth (26 percent) occurred on rural and urban Interstate highways. […]
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Car Accident Round-Up — Seven Injured In 3-Car Wreck In South Carolina
Car accidents around the country
WCSC TV in Charleston, South Carolina reports a 1995 Nissan with five passengers hit a 2006 Nissan which was waiting for another car to turn left, shortly before 6 p.m. in Moncks Corner on U.S. 17 near Old Gilliard Road Wednesday night. The 2006 Nissan then hit a Ford large passenger van which had stopped in front of it. Seven people, most of them teenagers, were taken to hospital, but none had life-threatening injuries.
“Coughing Fit” Causes Power Outage In Tallahassee
Fallschase shopping plaza suffered a power blackout this week when a driver lost control of his car and tore through some power lines, reports WCTV in Tallahassee. According to the report, the driver of the Lincoln Navigator, he had a coughing fit and ran off Buck Lake Road and flipped onto the service road for the shopping plaza. […]
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