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.

More information about Pain and Suffering

Minnesota Family Seeks Damages in Fatal Car Crash

The trustee of a teenager who died in a car crash near Claremont, MN, in 2010 is suing the driver and father of the car the teen rear-ended. The lawsuit seeks compensation for loss of aid, medical expenses and funeral expenses, as well as other compensation, according to the PostBulletin.com.

The deceased teen was in the second car traveling in a “caravan” of four cars on their way to a football game. When the driver of the lead car came upon a deer in the roadway he slammed on his brakes causing a chain-reaction collision. The injuries the teen sustained in the accident were fatal.

The lawsuit alleges the driver of the lead car was driving too fast and should have tapped his brakes to warn those following him of the obstacle in the road.

The suit seeks over $100,000, including $50,000 for “the loss of aid, […]

Lawsuit Settled in HS Football Player’s Death

A 2006 lawsuit filed by the parents of a Henderson County, KY high school football player who died during practice has finally been settled. Although the terms of the settlement are sealed, both parties said they were glad to put the dispute behind them.

The lawsuit claimed negligence against several school personnel and a doctor, but the suit dragged on while the insurance companies continued to argue over which one bore the most responsibility, according to Kentucky.com.

The 16-year-old football player died during practice on a hot, humid day in July. The defendants claimed the teen died due to an underlying cardiac condition.

The father said his son’s death had played a part in changes to state law and athletic regulations that deal with heat. While he said the settlement was a “bitter pill to swallow,” he also said that without filing the suit they would not have gotten the details surrounding their son’s death. […]

Massive Pile-up on I-10 Leaves Two Dead, Dozens Injured

Poor visibility may be the cause of 40 car pile-up on I-10

Deadly Louisiana Accident Closes Road for More Than Twelve Hours
A massive pile-up on I-10 near New Orleans, LA early in the morning last Thursday left two people dead and dozens more injured. According to WWLTV.com, the crash involved over 40 vehicles and took investigators, emergency responders and clean up crew over 12 hours to clear the wreckage and reopen the highway. Twenty-five people were hospitalized, several critical, and 37 others were injured but were treated at the scene. Poor visibility due to fog or smoke may be to blame.

GA Trooper Crashes into SUV Leaving One Dead
A Georgia state trooper rushing to help another policeman ran through a red light and crashed into an SUV near Atlanta, Georgia on New Year’s Eve. The collision that occurred at the intersection of Capitol Avenue and Memorial Drive killed the wife of the Atlanta Braves head trainer and injured him, […]

NJ Man Awarded $4 Million in Overdose of Drug at Party

A New Jersey man has been awarded more than $4 million after he suffered permanent nerve damage when he took the drug Xanax that was obtained illegally from a Ridgewood, NJ pharmacy. The drug was given to him at a 2007 party by a former employee of the pharmacy.

According to NJ.com, the lawsuit was filed against the pharmacy, several guests of the party where the then 17-year-old was given the drug, the party’s host, and the host’s mother. The drug was stolen from the pharmacy.

After the man took the drug he fell into a coma. However, the guests did not call 911 and waited a while before finally driving him to the hospital. The man’s nerve damage has impaired his ability to walk and talk, and he is now homebound trying to recuperate. According to his lawyer, he has been declared incompetent. […]

Segway to Pay $10 Million to Connecticut Man

A Connecticut man was awarded $10 million in a lawsuit against Segway Inc. after the man fell from a Segway he was riding in Sept. 2009 and suffered a traumatic brain injury. Lawyers for the man claimed Segway staff should have supplied the man with a helmet.

The then 23-year-old man was riding in “the Segway Challenge” during a fundraising event at Southern Connecticut State University for the Special Olympics. The man rode the obstacle course, that was set up by Segway employees, with a blindfold on. He fell backwards off the Segway, hitting his head on the floor.

Segway employees are asked to wear helmets, however, the employees did not have any helmets available for those participating in the event. The man’s lawyer claimed that as a result of his brain injury, the accident victim had to drop out of college and has not been able to pursue his dream of becoming a police officer. […]