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:
“The human condition is such that pain and effort are not just symptoms which can be removed without changing life itself; they are the modes in which life itself, together with the necessity to which it is bound, makes itself felt. For mortals, the “easy life of the gods” would be a lifeless life.”
—Hannah Arendt (1906–1975)
“There is nothing heavier than compassion. Not even one’s own pain weighs so heavy as the pain one feels with someone, for someone, a pain intensified by the imagination and prolonged by a hundred echoes.”
—Milan Kundera (b. 1929)
“Of all the joys that lighten suffering earth, what joy is welcomed like a newborn child?”
—Dorothy L. Nolte (20th century)