What is Pain and Suffering?
A category of non-economic damages compensating injury victims for physical pain, emotional distress, and diminished quality of life caused by their injuries.
Understanding Pain and Suffering
Pain and suffering includes both physical discomfort and mental anguish like anxiety, depression, fear, and loss of enjoyment of life. There's no precise formula—juries consider injury severity, duration, impact on daily activities, and credibility. Some states cap non-economic damages.
Examples
- 1Ongoing pain requiring daily medication
- 2Anxiety and PTSD from traumatic accident
- 3Inability to enjoy hobbies and activities
Related Terms
Non-Economic Damages
Compensation for subjective, non-financial losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Loss of Consortium
A claim by the spouse or family member of an injured person for the loss of companionship, affection, comfort, and sexual relations resulting from the injury.
Punitive Damages
Additional damages awarded beyond compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior in the future.
Diminished Value
The reduction in a vehicle's market value after it has been damaged in an accident and repaired, compared to a similar vehicle that was never damaged.
Future Medical Expenses
The projected cost of medical treatment, therapy, medication, and care that an injured person will need in the future as a result of their injuries.
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