Pain And Suffering Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Pain And Suffering, written in plain English, along with examples of how it is used.

What is Pain And Suffering?

It refers to the mental as well as physical sufferings caused by the injury which may have occurred due to someone elses negligence or intentional. If the case be so, not only the physical injuries like fractures, broken bones, scratches, inability of motion but also the mental factors like depression, shortening of life, embarrasment, loss of salary, medical bills and expenses are also considered when ascertaining the compansation for the damages done.

History and Meaning of Pain And Suffering

Pain and Suffering is a legal term that refers to the physical, emotional, and mental stress caused by an injury due to someone else's negligence, recklessness, or intentional wrongdoing. The term has been used in law for centuries and has evolved over time to encompass a wide range of damages. In the beginning, the term was primarily used to compensate individuals for physical pain and suffering. However, it has since expanded to include emotional and psychological damages.

In personal injury cases, individuals may be entitled to compensation for their pain and suffering. Damages can include compensation for past and future medical bills, lost wages, and other expenses.

Examples of Pain And Suffering

  1. A car accident victim who suffers from chronic pain and anxiety due to the crash.
  2. A patient who experiences pain and suffering due to a medical professional's negligence during surgery.
  3. A worker who is injured on the job and experiences emotional distress due to the loss of income and inability to support their family.
  4. An individual who experiences pain and suffering due to emotional abuse in a nursing home.

Legal Terms Similar to Pain And Suffering

  1. Emotional Distress - A legal term that refers to the mental anguish and emotional suffering caused by a traumatic event.
  2. Loss of consortium - A legal term used to describe the loss of companionship, love, sexual intimacy, and support from a spouse due to an injury.
  3. Punitive damages - A form of legal damages that are awarded to punish a defendant for their negligent or intentional actions that caused the plaintiff harm.