How Much Is Pain and Suffering Worth in Pennsylvania?
In Pennsylvania, determining the worth of pain and suffering damages in a personal injury case is complex and subjective. Unlike economic damages, such as medical bills and lost wages, which can be calculated precisely, pain and suffering damages are less tangible and depend on various factors. Consulting with an experienced attorney knowledgeable about Pennsylvania’s legal standards and understanding how these factors apply to their circumstances is crucial for those pursuing a personal injury claim.
How Much Can You Get for Pain and Suffering Damages?
While no specific statutory guidelines govern the calculation of pain and suffering damages, Pennsylvania courts consider several key factors when determining their value. First, the nature and severity of injuries suffered by the victim play a crucial role in assessing pain and suffering damages. More severe injuries resulting in greater physical pain and emotional trauma generally lead to higher awards.
The duration of the victim’s suffering is another factor. Prolonged suffering is often considered more deserving of substantial compensation than shorter-term discomfort. Further, courts consider how the injuries have affected the accident victim’s daily life. This includes disruptions to work, hobbies, and personal relationships. Severe impairments or disabilities can lead to higher awards.
The extent and duration of medical treatment required are taken into account. This includes surgeries, therapy, medication, and ongoing medical care—the more extensive the treatment, the greater the potential for pain and suffering compensation. Emotional distress and psychological trauma resulting from the accident or injury are influential in the total pain and suffering damages a victim can expect to receive. Anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional consequences can significantly impact the award amount.
How Are Pain and Suffering Damages Calculated in Pennsylvania?
Pennsylvania does not use a specific formula to calculate pain and suffering in personal injury cases. Instead, determining how much you can get for pain and suffering damages is primarily left to the discretion of the judge or jury, based on the parties’ evidence and arguments. It’s essential to recognize that pain and suffering damages are not formulaic, and each case is unique. Courts consider these factors collectively to arrive at a fair and just compensation amount.
What Else Can Impact Pain and Suffering Damages?
In addition to the factors discussed above, there are other ways in which the award of pain and suffering damages can be impacted.
Impact of Pre-Existing Conditions
The presence of pre-existing medical conditions may complicate the assessment of pain and suffering damages. Courts will differentiate between injuries caused by the defendant’s negligence and those that existed before the incident.
Role of Comparative Negligence
Pennsylvania follows a comparative negligence system, which means the victim’s degree of fault can reduce the damages they receive. If the victim is found partially responsible for the accident, their award may be reduced proportionally.
Quality and Type of Evidence
Witness testimony, medical records, expert opinions, and the victim’s account of their pain and suffering are crucial in establishing the extent of damages.
Speak to a Personal Injury Lawyer Today
If you’ve been injured in an accident, you can sue for pain and suffering damages and damages related to your economic expenses. However, having the assistance of an experienced Philadelphia personal injury lawyer is crucial, as insurance companies do not fairly value pain and suffering damages. At Rosen Justice Injury Lawyers, our dedicated attorneys bring decades of experience successfully resolving serious injury cases on behalf of residents of Philadelphia and their families. To learn more and schedule a free consultation today, call Rosen Justice Injury Lawyers. You can also reach us through our secure online contact form.