Pain and Suffering

A species of damages that one may recover for physical or mental "pain and suffering" that result from a wrong done or suffered. The loss of ability or capacity to work because of physical pain or emotional or mental suffering is a type of pain and suffering and a proper element of damages. See 48 S.E. 2d 137. Recovery for the pain and suffering of a deceased person is sometimes permitted by such person's personal representative, though some states by statute forbid such a recovery. See 217 F. 2d 344, 348, and 37 A. 571, 572. See survival statute.