“Pain and suffering” is a term often associated with personal injury lawsuits, but few people understand its meaning. From a legal standpoint, pain and suffering can be physical or mental.
Physical pain and suffering is associated with physical injuries. This not only includes the discomfort or pain the claimant suffers in the present, but any potential complications and pain that are likely to occur as a direct result of the defendant’s actions.
Mental pain and suffering is about the impact the injuries have on the sufferer’s emotional well-being. Mental pain and suffering may refer to emotional distress, anger, fear, anxiety, humiliation, shock or any negative emotion that has occurred as a result of the physical trauma of an accident.
In some cases, significant mental pain and suffering can lead to post-traumatic stress disorder (PTSD), loss of appetite, depression, mood swings, and sleep disturbances. Mental suffering also refers to the potential … Read More