Also known as: pain and suffering damage · pain & suffering damages · non-economic damages · general damages
Written by attorneys · grounded in primary & secondary sources — see below
Compensatory damages awarded for the physical discomfort and emotional distress that ordinarily accompany a bodily injury.
Philip Powell suffered a broken leg when a delivery truck struck his bicycle. He endured weeks of physical pain during recovery and developed anxiety about crossing streets. The court permitted recovery for these harms without requiring Philip to plead them specifically because they normally follow from the tort.
Pearl Porter lost wages and incurred extra medical costs after a machine malfunction crushed her hand. These items differed from the pain and emotional distress that routinely accompany such an injury. The court treated the wage and medical losses as special damages requiring separate allegation and proof.
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Priscilla Parks obtained a substantial compensatory award that included pain and suffering after a collision caused lasting mobility limits and chronic discomfort. The insurer argued the award was excessive. The court examined whether the pain-and-suffering component was supported by the evidence of ongoing physical distress.
Pedro Pacheco suffered a severe knee injury in a collision and experienced chronic pain plus anxiety during rehabilitation. He sought damages for the resulting physical discomfort and loss of enjoyment. The court considered whether the emotional component qualified as recoverable harm flowing from the bodily injury.
Paula Pierce suffered a back injury when scaffolding collapsed and endured months of physical pain plus sleep disturbance. She requested compensation for the emotional toll alongside medical expenses. The court assessed whether the distress constituted a harm normally anticipated from the injury.
Phoebe Park suffered a fractured wrist in a fall caused by a defective sidewalk and experienced ongoing pain during physical therapy. She pursued damages for the emotional suffering tied to the injury. The court evaluated whether the distress required separate proof or fell within harms expected from the tort.
Pain and suffering damages are general damages because they compensate for harms that ordinarily result from a tortious injury. The Restatement treats compensation for bodily harm and emotional distress as recoverable without proof of pecuniary loss. Special damages address other, less predictable economic harms.
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A plaintiff need not specifically plead pain and suffering damages. These harms are anticipated to flow from the tort and therefore qualify as general damages that the defendant is expected to anticipate. Only special damages require particularized allegation.
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Many legislatures impose statutory caps on noneconomic damages including pain and suffering. These limits often apply across-the-board dollar ceilings regardless of injury severity. Courts in some states have struck down such caps on constitutional grounds.
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Juries assess pain and suffering damages without fixed formulas. Proposals suggest evaluating what a reasonable person would have paid ex ante to avoid the risk. Guidelines can reduce variability in awards across similar cases.
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…per se, "the law . . . implies legal injury from the bare fact of publication itself," "falsity and malice are presumed," "general damages need not be alleged or proved but are presumed," and "punitive damages may be awarded by the jury even though the amount of actual damages is neither found nor shown." An award of punitive…