[Legal Dictionary] Definition of Pain and Suffering

In the context of New York tort law, pain and suffering is “physical or mental distress” for which one can seek damages in a personal injury lawsuit. The plaintiff must show that the pain and suffering resulted from the defendant’s negligence in order to win such a suit.

Pain and Suffering in a Personal Injury Case

Some losses in a personal injury case are set dollar amounts, such as medical bills and lost earnings. Pain and suffering can be more difficult to define, and to quantify.

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

• Immediate pain from the injury itself
• Pain resulting fromsurgical or other treatments made necessary by the victim’s injuries
• Chronic or ongoing pain, including future pain, from the injuries sustained
• Mental anguish relating to the accident, injuries or uncertainty about the victim’s future