PAIN and SUFFERING from a LEGAL STANDPOINT
“Pain and suffering” is a key component in many personal injury cases. There are two types: physical pain and suffering, and mental pain and suffering. Physical pain and suffering covers not only the ill physical effects that a claimant has suffered to date, but also what they are likely to endure in the future as a result of someone negligence. Mental pain and suffering is a result of the claimant’s physical injuries and the trauma of an accident. It can...Read More
Foreseeability and Proximate Cause
Let’s take a deep dive into a couple of personal injury terms … well, maybe dip our toe in labyrinth. “Foreseeability” and “proximate cause” are two key factors in proving negligence (fault) in a personal injury case. Foreseeability refers to predictability — an act that someone of ordinary mental capacity should be able to see will lead to repercussions, meaning a plaintiff’s injury or property damage. For instance, a dog attack should be foreseeable when a dog has a history...Read More