Pain and suffering is the legal term for the physical and emotional stress caused from an injury (see also pain and suffering).
Some damages that might be under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, depression or scarring. When filing a lawsuit as a result of an injury, it is common for someone to seek money both in compensation for actual money that is lost and for the pain and stress associated with virtually any injury. In a suit, pain and suffering is part of the "general damages" section of the claimant's claim, or, alternatively, it is an element of "compensatory" non-economic damages that allows recovery for the mental anguish and/or physical pain endured by the claimant as a result of injury for which the plaintiff seeks redress.
Apart from money damages awarded in trial, money damages are also given informally outside the judicial system in mediations, arbitration (both of which may be court annexed or non litigated claims) as well as in routine insurance settlements. Individual claimants or those represented by lawyers often present demands to insurers to settle for money. These demand for bodily injury compensation monies often set out damages that are similarly used in the court litigated pleadings. Demands are usually written summaries of a claimant's medical care and the facts which resulted in the injury.
Read more about Pain And Suffering: Size of Settlement, See Also
Famous quotes containing the words pain and, pain and/or suffering:
“When we say that pleasure is the end, we do not mean the pleasure of the profligate or that which depends on physical enjoyment—as some think who do not understand our teachings, disagree with them, or give them an evil interpretation—but by pleasure we mean the state wherein the body is free from pain and the mind from anxiety.”
—Epicurus (c. 341–271 B.C.)
“Poverty is relative, and the lack of food and of the necessities of life is not necessarily a hardship. Spiritual and social ostracism, the invasion of your privacy, are what constitute the pain of poverty.”
—Alice Foote MacDougall (1867–1945)
“The notion of some infinitely gentle
Infinitely suffering thing.”
—T.S. (Thomas Stearns)