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 Suffering, pain and suffering, pain and, pain and/or suffering:
“In the U.S. for instance, the value of a homemaker’s productive work has been imputed mostly when she was maimed or killed and insurance companies and/or the courts had to calculate the amount to pay her family in damages. Even at that, the rates were mostly pink collar and the big number was attributed to the husband’s pain and suffering.”
—Gloria Steinem (20th century)
“In the U.S. for instance, the value of a homemaker’s productive work has been imputed mostly when she was maimed or killed and insurance companies and/or the courts had to calculate the amount to pay her family in damages. Even at that, the rates were mostly pink collar and the big number was attributed to the husband’s pain and suffering.”
—Gloria Steinem (20th century)
“Skilled workers historically have been ambivalent toward automation, knowing that the bodies it would augment or replace were the occasion for both their pain and their power.”
—Shoshana Zuboff (b. 1951)
“Each person is a graveyard of his thoughts. They are most beautiful for us in the moment of their birth; later we can often sense a deep pain that they leave us indifferent where earlier they enchanted us.”
—Robert Musil (1880–1942)
“No human beings more dangerous than those who have suffered for a belief: the great persecutors are recruited from the martyrs not quite beheaded. Far from diminishing the appetite for power, suffering exasperates it.”
—E.M. Cioran (b. 1911)