“Pain and suffering” is a phrase often associated with tort law.
Under Indiana 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.
Pain and Suffering in a Personal Injury Case
Many losses in a personal injury case are hard dollar figures, such as medical bills and lost wages. Pain and suffering is often more difficult to define, prove and quantify.
All physical pain and mental anguish that result from injuries caused by the defendant’s negligence is compensable under tort law.
This can include:
- Pain from the injury
- Pain from surgery, physical therapy, or other treatments made necessary by the injuries sustained
- Ongoing or chronic pain, including future pain, stemming from the injuries
- Mental anguish over the pain itself or regarding the sudden uncertainty of the victim’s future