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19 Ohio St. L.J. 200 (1958)
Damages for Pain and Suffering

handle is hein.journals/ohslj19 and id is 210 raw text is: DAMAGES FOR PAIN AND SUFFERING MARCUS L. PLANT* THE SHAPE OF THE LAw GENERALLY It does not require any lengthy exposition to set forth the basic principles relating to the recovery of damages for pain and suffering in personal injury actions in tort. Such damages are a recognized element of the successful plaintiff's award.1 The pain and suffering for which recovery may be had includes that incidental to the injury itself and also such as may be attributable to subsequent surgical or medical treatment.2 It is not essential that plaintiff specifically allege that he endured pain and suffering as a result of the injuries specified in the pleading, if his injuries stated are of such nature that pain and suffering would normally be a consequence of them.' It would be a rare case, however, in which plaintiff's counsel failed to allege pain and suffering and claim damages therefor. Difficult pleading problems do not seem to be involved. The recovery for pain and suffering is a peculiarly personal element of plaintiff's damages. For this reason it was held in the older cases, in which the husband recovered much of the damages for injury to his wife, that the injured married woman could recover for her own pain and suffering.4 Similarly a minor is permitted to recover for his pain and suffering.5 No particular amount of pain and suffering or term of duration is required as a basis for recovery. It is only necessary that the sufferer be conscious.6 Accordingly, recovery for pain and suffering is not usually permitted in cases involving instantaneous death. Aside from this, how- ever,. no quantitative or time limitations are imposed. The pain may be *Professor of Law, University of Michigan. 12 SEDGWICK, A TREATISE ON MEASURE OF DAMAGES 920 (9th ed. 1912); McCORMICK, HANDBOOK ON THE LAW OF DAMAGES 315 (1935); 15 AM. JuR., Damages §72 (1938); 25 C.J.S., Damages §62 (1941). 2 Lane v. Southern Ry. Co., 192 N.C. 287, 134 S.E. 855 (1926) ; cases on this point are collected in 51 A.L.R. 1122 (1927). 3 Smith v. Whittlesey, 79 Conn. 189, 191, 63 At. 1085 (1906); Morgan v. Kendall, 124 Ind. 454, 24 N.E. 143 (1890). There is some authority that a claim for damages for future pain and suffering must be pleaded specially or at least inferentially. Shultz v. Griffith, 103 Iowa 150, 72 N.W. 445 (1897). Cases are noted in 81 A.L.R. 436 (1932). 4 2 SEDGWICK, op. cit. supra §486. 5Ibid., §486. 6 Ratushny v. Punch, 106 Conn. 329, 138 At. 220 (1927) ; Missouri P. R. Co. v. Creekmore, 193 Ark. 722, 102 S.W. 2d 553 (1937). 7Ratushny v. Punch, 106 Conn. 329, 138 At. 220 (1927); Chanson v. Morgan's L. & T. R. & S. S. Co., 18 La. App. 602, 136 So. 647 (1931). Cf. Langen- stein v. Reynaud, 13 La. App. 272, 127 So. 764 (1930). 8Miller v. Southern Pacific Co., 117 Cal. App. 2d 492, 509, 256 P.2d 603 (1953), cert. denied 346 U.S. 909 (1953).

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