When filing a claim for Breach of Contract,if I am also seeking Pain and Suffering as a result do I need to file two separate claims?
2 Answers from Attorneys
You cannot recover pain and suffering as a result of a breach of contract; however, you may be able to accomplish the same thing (almost) if you can prove a case for consequential damages. Also, you may have an independent claim for P & S if, e.g., you have a case for negligent or intentional infliction of emotional distress.
You can not recover pain and suffering for breach of contract, only for a tort claim.