News & Analysis as of

Pain and Suffering Damages

Tyson & Mendes LLP

Don’t Go Nuclear! Six “Secrets” to Stopping Nuclear Verdicts®

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What is a Nuclear Verdict®? We have all heard news of juries awarding incomprehensible piles of money in lawsuits where the injuries and the verdict just don’t seem to add up. These cases may leave you scratching your head...more

Maison Law

How is Pain and Suffering Calculated in California Personal Injury Cases?

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After being seriously injured in an accident that was caused by the carelessness and negligence of somebody else, victims may be able to seek both economic and non-economic damages. Economic damages have price tags on them...more

Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

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In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Rumberger | Kirk

Additur for Future Pain and Suffering Damages

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When a jury’s verdict is unreasonably low, the presiding judge may increase it by awarding an additur pursuant to Florida Rule of Civil Procedure 1.530 and Section 768.74, Florida Statutes. However, as to damages for future...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages In Florida Wrongful Death Cases

The loss of a family member is one of the most devastating events that anyone can go through. While financial compensation cannot make the pain of loss go away, it can prevent your situation from getting worse due to the...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Injuries Resulting from Car Accidents in Florida

Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Florida Motorcycle Accident Case

Motorcycle accidents can result in injuries that are more severe than those which stem from car wrecks. This is due to the fact that a rider is no match for an oncoming car. Such incidents may result in paralysis, head...more

Morris James LLP

Understanding Compensation in Negligent Security Lawsuits

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When you enter a property, the property owner owes you a legal duty of care to protect you from dangerous and unsafe conditions. If you are injured in an attack while you are on the property which could have been prevented by...more

Console and Associates, P.C.

Former Residents of Sununu Youth Services Center in Manchester Call for Federal Investigation into Claims of Physical, Sexual and...

Former residents of the Sununu Youth Services Center in Manchester, previously the Youth Development Center, are calling for federal authorities to initiate an investigation into allegations of serious physical, sexual and...more

Morris James LLP

Calculating Pain and Suffering in a Medical Malpractice Case: What You Need to Know

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Medical malpractice happens when a patient is injured by the mistake of a healthcare professional. Medical providers are expected, by their patients and by the law, to provide a certain standard of care, and if they fall...more

MG+M The Law Firm

Radical Changes to New York's Wrongful Death Law Advocated by State Legislature

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The New York legislature is attempting to monetize the incalculable—emotional pain and suffering from losing a loved one. Referred to as the Grieving Families Act Assembly Bill A6698 (Grieving Family Act or the bill) passed...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Damages You May Be Entitled to in a Product Liability Case in Florida

Defective products can lead to serious injuries. As in any other catastrophic injury case, the damages which the victim suffers from such an event can be substantial. The types of damages to which you may be entitled can be...more

Searcy Denney Scarola Barnhart & Shipley

How to Calculate Damages in a Florida Personal Injury Case

There are several misperceptions as to how damages are calculated in a personal injury case. Common misbeliefs range from thinking that there is a standard formula for calculating damages to believing that punitive damages...more

Faegre Drinker Biddle & Reath LLP

Amendments to Minnesota Wrongful Death and Survival Statutes Open the Door to Pain and Suffering Claim

On May 20, 2023, the amendments to the Minnesota wrongful death and survival statutes, Minn. Stat. §§ 573.01, 573.02, became effective. This means that duly appointed administrators can now bring claims for “all damages...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Supreme Court Rules Retrial Waived After Failure to Request Special Verdict Slip

The Pennsylvania Supreme Court decided a medical care provider waived their right to challenge pain and suffering damages awarded by the jury because they failed to request a verdict sheet that listed specific categories of...more

Console and Associates, P.C.

Can Injured Fans Sue Following a Concert Injury?

Few things compare to the thrill of seeing one of your favorite bands, musicians or artists perform live. However, given the crowds and the excitement of concert-goers, music venues and music festivals can also be pretty...more

Console and Associates, P.C.

Final Bellwether 3M Earplug Trial Ends at $77.5 M Verdict.

A federal jury in Florida awarded $77.5 million in damages, including $72.5 million in punitive damages, to a former soldier who filed a claim alleging that his hearing loss resulted from defective 3M Co. earplugs. The case...more

Tyson & Mendes LLP

What to Watch Out For: Plaintiffs Can Recover for Decedents’ Pain and Suffering

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Throughout California and the United States, there is a rising trend of Nuclear Verdicts™, defined as jury verdicts in excess of $10 million or that are wildly disproportionate to the injuries in the case.  A new Senate Bill...more

Roetzel & Andress

“Permanent and Substantial Deformity”: What it Means and How it is Interpreted Regarding the Application of the Statutory Cap on...

Roetzel & Andress on

Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical...more

Faegre Drinker Biddle & Reath LLP

Itemize Damages or Waive Appeal? Pennsylvania’s Supreme Court Will Consider Whether Failure to Request an Itemized Verdict Waives...

In many personal injury cases, including products cases, the most significant exposure is pain and suffering or similar damages that cannot readily be measured in dollars. Juries are usually constrained by specific testimony...more

Rumberger | Kirk

A Quick Note about Pain and Suffering Disclosures in Federal Court

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In federal court, personal injury plaintiffs are required to disclose a computation of each category of damages. Fed.R.Civ.P. 26(a)(1)(A)(iii). Past medical expenses and past lost wages are easy. But for pain and...more

Husch Blackwell LLP

California Permits Pain and Suffering Damages for Survival Actions

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On October 1, 2021, California Governor Gavin Newsom signed California Senate Bill No. 447 into law, which permits a deceased individual’s personal representatives or successors-in-interest to recover damages for the...more

Console and Associates, P.C.

3M Earplug Lawsuit Update 2021: $1.7M Award

Jury Awards Veteran With Hearing Loss $1.7 Million in Third Bellwether Trial - A Florida jury’s $1.7 million judgment in favor of the plaintiff on June 18, 2021, handed The 3M Company its second defeat in bellwether trials...more

Searcy Denney Scarola Barnhart & Shipley

Examples of Pain and Suffering in Florida Personal Injury Lawsuits

The Legal Information Institute at Cornell has defined “pain and suffering” as “[t]he physical or emotional distress resulting from an injury.” In a personal injury lawsuit, the amount of money for pain and suffering is...more

Ward and Smith, P.A.

The Effect of Immigration Status on Personal Injury Claims in North Carolina

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Sadly, accidents happen, and individuals are injured across our state in all sorts of different ways. When the victim is a recent immigrant to the United States, they sometimes have questions about how immigration status...more

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