Legal Definitions - suffering

In legal terms, suffering refers to the non-physical hardships and emotional distress a person experiences as a direct result of an injury or harm caused by another party's negligence or wrongdoing. It is a key component of what is often called "pain and suffering" in personal injury cases.

This concept encompasses a wide range of negative impacts beyond just physical pain, including:

• Emotional distress: Feelings of sadness, anxiety, fear, anger, or frustration.
• Mental anguish: Deep emotional pain, grief, or psychological trauma.
• Inconvenience: Disruptions to daily routines and activities.
• Embarrassment or humiliation: Feelings of shame or self-consciousness due to the injury or its effects.
• Loss of enjoyment of life: Inability to participate in hobbies, social activities, or other aspects of life that previously brought pleasure.
• Discomfort: General unease or lack of physical or mental comfort.

When a person experiences such suffering due to someone else's fault, they may be entitled to receive financial compensation, known as general damages, to account for these non-economic losses.

Here are some examples illustrating the concept of suffering:

• Example 1: Car Accident Victim

  A pedestrian is severely injured after being hit by a distracted driver. Beyond the physical pain from broken bones and cuts, they develop a profound fear of crossing streets, experiencing panic attacks whenever they are near traffic. They were an avid runner but can no longer participate in marathons, leading to deep frustration and a sense of loss. This individual's suffering includes the emotional distress of anxiety, the mental anguish of losing a cherished hobby, and the inconvenience of having their daily life significantly altered.

• Example 2: Medical Malpractice

  A patient undergoes a routine surgical procedure, but due to a surgeon's negligence, they are left with a noticeable disfigurement on their face. While the physical wound eventually heals, the patient becomes extremely self-conscious, avoids social gatherings, and experiences significant depression and feelings of isolation. Here, the suffering involves the embarrassment and humiliation from the disfigurement, the mental anguish of altered self-image, and the loss of enjoyment of social life.

• Example 3: Workplace Harassment

  An employee is subjected to persistent bullying and discriminatory remarks by a supervisor, creating a hostile work environment. Although there are no physical injuries, the employee develops chronic stress, insomnia, and a pervasive sense of helplessness and anxiety, impacting their ability to concentrate at work and enjoy time with their family. In this scenario, the employee's suffering encompasses the emotional distress of anxiety and stress, the mental anguish of feeling helpless, and the inconvenience of disrupted sleep and impaired concentration, all stemming from the supervisor's wrongdoing.