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

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. […]

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. […]

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. […]

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, […]