Also known as: sufferings · pain and suffering
Written by attorneys · grounded in primary & secondary sources — see below
Compensatory damages awarded for the physical pain and emotional distress resulting from a tortious injury. The award covers both bodily pain and mental elements such as fright, indignity, and humiliation even when no physical injury occurs.
Samuel Soto confronts an assailant who swings a metal pipe at his head. Soto responds with a single strike from a baseball bat that fractures the assailant's arm. Soto later sues for the physical pain and emotional distress caused by the encounter and seeks compensatory damages for his own suffering.
Santiago Sanchez is arrested without probable cause and subjected to a strip search at the station. He later sues the agents for the humiliation and mental suffering caused by the unconstitutional conduct and seeks damages to compensate for the emotional injury.
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Stella Shapiro's home is taken by the city for economic redevelopment. She claims the forced relocation causes her significant mental suffering beyond the fair market value of the property and seeks additional compensation for that distress.
Sierra Santos is questioned for hours without warnings and confesses. She later argues that the prolonged interrogation produced mental suffering that rendered her statement involuntary and seeks suppression on that ground.
Steven Silva loses his public assistance benefits without a hearing and suffers severe emotional distress from the sudden loss of income needed for food and shelter. He sues claiming the lack of process caused compensable suffering.
Simone Sanders is the subject of a false published statement that damages her reputation. She sues the publisher and seeks damages that include compensation for the mental suffering and humiliation caused by the defamation.
Yes. Mental suffering such as fright, indignity, and humiliation is compensable in battery because the tort protects personal dignity. Courts award damages for these intangible harms even when the physical contact causes only minimal injury.
Courts consider the nature and duration of the pain, the extent of fright or humiliation, and comparable jury verdicts. No fixed formula exists. The trier of fact exercises discretion to set a reasonable amount based on the evidence of suffering.
Courts examine the duration and intensity of the distress, any evidence of humiliation or fright, and awards in similar cases. The trier of fact has discretion to arrive at a reasonable sum supported by the record of the plaintiff's suffering.
…and sought declaratory and injunctive relief. The Does alleged that they were a childless couple; that Mrs. Doe was suffering from a "neural-chemical" disorder; that her physician had "advised her to avoid pregnancy until such time as her condition has materially improved" (although a pregnancy at the present time…