14/09/16 Pain and Suffering
This is a term that is applied for the inability to lead a normal life due to mental and physical suffering.
There are two types of pain and suffering: physical pain and suffering and mental pain and suffering.
- Physical pain and suffering is the pain of the plaintiff’s actual physical injuries. It includes not just the pain and discomfort that the claimant has endured to date, but also the detrimental effects that he or she is likely suffer in the future as a result of the defendant’s negligence.
- Mental pain and suffering results from the claimant’s being physically injured, but it is more a by-product of those bodily injuries. Mental pain and suffering includes things like mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock. Mental pain and suffering is basically any kind of negative emotion that an accident victim suffers as a result of having to endure the physical pain and trauma of the accident.
Very significant mental pain and suffering can include anger, depression, loss of appetite, lack of energy, sexual dysfunction, mood swings, and/or sleep disturbances. Even more severe mental pain and suffering can even constitute post-traumatic stress disorder (PTSD).
Mental pain and suffering, like physical pain and suffering, includes not just the effects that the victim has endured to date, but also the mental pain and suffering that he/she will more than likely suffer into the future.