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:
“You can’t have operations without screams. Pain and the knife—they’re inseparable.”
—Jean Scott Rogers. Robert Day. Mr. Blount (Frank Pettingell)
“For my part, when I enter most intimately into what I call myself, I always stumble on some particular perception or other, of heat or cold, light or shade, love or hatred, pain or pleasure. I never can catch myself at any time without a perception, and never can observe anything but the perception.”
—David Hume (1711–1776)
“The hearts of Afro-American women are too warm and too large for race hatred. Long suffering has so chastened them that they are developing a special sense of sympathy for all who suffer and fail of justice.”
—Fannie Barrier Williams (1855–1944)