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December 1, 2020

[Legal Dictionary] Definition of Pain and Suffering

Under New York law, pain and suffering refers to “physical or mental distress” for which one can seek damages in a civil lawsuit. The complainant must show that the defendant’s negligence caused the pain and suffering, in order to win such a suit.

Pain and Suffering and Your Personal Injury Lawsuit

In a personal injury case, certain losses are documented dollar amounts, such as medical bills and lost wages. Pain and suffering can beboth more difficult to define andto quantify.

UnderNew York personal injury law, all physical and emotional pain that results from injuries caused by the defendant’s negligence is compensable. This may include:

  • Pain from the actual injury
  • Pain resulting fromsurgery made necessary by your injuries
  • Chronic and future painfrom the injuries sustained
  • Pain of physical therapy or other rehabilitation
  • Worry or other mental anguish from the accident, injuries or your uncertainty about the future

Pain and suffering is a loss of your enjoyment of life. This is a compensable loss in a civil suit, just as lost wages are.