Share

Garden City, NY Estate Planning & Complex Litigation Blog

Friday, January 26, 2018

What is pain and suffering?

Individuals who are injured in accidents that were due to the reckless or negligent conduct of others may be able to recover damages for pain and suffering. Let's take a look at the two types of pain and suffering and how victims can obtain compensation.

Physical pain and suffering

Physical pain and suffering arises from current physical injuries as well as long-lasting effects that may be suffered in the future. Common symptoms of physical pain and suffering include broken bones, concussions, muscle and ligament damage, body aches and pains, and many others.

Mental pain and suffering

Physical injuries often lead to emotional distress or psychological problems that are classified as mental pain and suffering. Mental anguish, fear, grief, anger, and humiliation and embarrassment are all symptoms of mental pain and suffering. In addition, victims may experience depression, loss of enjoyment of life, sleep disorders and even post-traumatic stress disorder (PTSD).

In short, physical and mental pain and suffering go hand-in-hand and injured parties may be entitled to damages for symptoms of both. However there are a number of factors that may be considered in determining the severity of pain and suffering such as the type of injuries sustained, the duration of suffering, and the potential for problems to arise in the future.

In order to have a valid claim, the injured party must provide evidence including:

  • Medical records demonstrating claims of physical pain and suffering

  • Records of therapy appointments

  • A professional therapist's testimony verifying mental pain and suffering

In addition, the injured party must be able to show that the person being sued had a duty not to induce such harm, he or she breached that duty, and that breach caused the victim's harm and pain and suffering.

The amount of compensation that may be awarded depends on the state in which the injury occurred because some states impose restrictions on damages for pain and suffering. Lastly, there are a number of other factors involved in determining compensation such as the type of injuries suffered and the degree to which these injuries will impact the injured person's quality of life.

In the end, obtaining the full value of a claim for pain and suffering can be difficult. Your attorney can be provide you with guidance on these and other matters related to your personal injury claim.

 


Archived Posts

2019
November
October
September
August
July
June
May
April
March
February
January
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
2013
December
November
October
September
August
July
June
May
April
March
February
January
2012


Lawrence M. Gordon, Attorney at Law, P.C. has offices in Garden City, NY and assists clients throughout Long Island, including: the north shore of Long Island, The Town Of Oyster Bay, The Town Of North Hempstead, The Town Of Hempstead, The Town Of Huntington, Nassau & Suffolk Counties & throughout the Five Boroughs of The City Of New York.



© 2019 Lawrence M. Gordon, Attorney at Law, P.C. | Attorney Advertising
300 Garden City Plaza, Suite 450, Garden City, NY 11530
| Phone: 516-333-5000 | 800-628-1620

Practice Areas

Law Firm Website Design by
Zola Creative