Legal Definitions - pain and suffering

Pain and suffering

Pain and suffering refers to the physical discomfort and emotional distress that are compensable as noneconomic damages. It refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury. In New York, the term “pain and suffering” includes all items of nonpecuniary damages and includes the loss of enjoyment of life. Damages for the loss of enjoyment of life compensate for the frustration and anguish caused by the inability to participate in activities that once brought pleasure.

When someone is injured, they may experience physical pain and emotional distress. Pain and suffering is a term used to describe these experiences. For example, if someone is in a car accident and breaks their leg, they will experience physical pain from the injury. They may also experience emotional distress from the trauma of the accident. In addition to compensating for physical injuries, pain and suffering damages also compensate for the loss of enjoyment of life. For example, if someone is unable to participate in activities they once enjoyed, such as playing sports or spending time with friends, due to their injury, they may be awarded damages for the loss of enjoyment of life.