The final element of any tort claim that must be established is damages. Damages may be thought of as the injury incurred. The injury may come in the form of personal injury such as a broken arm or leg, pain and suffering, emotional distress, medical expenses, lost wages, or permanent disability. Pain and suffering is an elusive concept. The words themselves best define the concept. When you are physically injured, it would be expected that you would experience some pain, anguish, or emotional stress. Normally, a jury in an injury case is called upon to award a monetary amount for that pain and suffering along with the other damages that are claimed.

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