A car accident on the highway or a busy downtown street can do more than damage your vehicle. A crash can cause serious physical and emotional injuries. Many people wonder how they can get compensation for these non-physical injuries.
A common question is, “How is pain and suffering calculated in a Philadelphia car accident case?” The simple truth is that there is no magic formula. Pain and suffering, a non-economic damage, is personal and subjective.
We can help you understand how Pennsylvania law approaches this essential part of your personal injury case.
What is the Difference Between Economic and Non-Economic Damages?
When you are injured in a car accident, you can seek compensation for two main types of damages: economic and non-economic. Economic damages are the tangible, measurable losses with a clear dollar value. Consider them the expenses you could prove with a bill or receipt. This includes medical bills, lost wages from time missed at work, and the cost of vehicle repairs. They are relatively easy to calculate because they have a fixed price.
Non-economic damages are different. They do not come with a bill. These damages are designed to compensate you for how the accident has negatively impacted your life beyond just money.
Pain and suffering are the most common examples. They include physical pain and suffering, mental anguish, inconvenience, embarrassment and humiliation, disfigurement and the loss of enjoyment of life. Determining a fair amount can be complex since a monetary value is not attached to these experiences. In Pennsylvania, these damages are meant to make an injured person whole again in ways that economic damages cannot.
What is the Role of Your Insurance Coverage in PA?
Before we get into the specifics of calculation, it is crucial to understand Pennsylvania’s unique insurance laws. Pennsylvania operates under a “choice no-fault” system. When you bought your car insurance, you chose between two options: limited tort and full tort.
Your choice determines whether you can sue for pain and suffering.
- Limited Tort: This option usually has a lower premium. In exchange for the savings, you give up your right to sue for non-economic damages, including pain and suffering, unless you suffer a “serious injury.” A serious injury is legally defined in Pennsylvania as a “serious impairment of body function, permanent disfigurement, or death.” Even with this coverage, there are some exceptions. For instance, if the at-fault driver was under the influence of alcohol or drugs, you may still be able to sue for non-economic damages
- Full Tort: This option is more expensive, but it allows you to sue for all damages, including pain and suffering, no matter the severity of your injuries. You do not need to prove a “serious injury” to seek non-economic compensation
Many people in Philadelphia are unsure which option they have. Checking your insurance policy and understanding your rights is a key first step.
How Do Philadelphia Courts and Juries Determine Pain and Suffering?
In Philadelphia, a jury determines the value of pain and suffering. They do not use a calculator or a single formula. Instead, they consider several factors to arrive at a fair amount. This is why having a knowledgeable attorney on your side is so important. We help present these facts persuasively to the court.
Here are some of the key factors that influence the value of pain and suffering:
- Severity and Type of Injuries: A jury will look at the nature of your injuries. Are they soft tissue injuries, or did you suffer a broken bone, a traumatic brain injury, or a spinal cord injury? Generally, more severe and long-lasting injuries warrant higher compensation for pain and suffering
- Medical Treatment: Did you require extensive physical therapy? Was surgery necessary? The longer your recovery and the more intensive your medical care, the more evidence you have of your suffering
- Impact on Daily Life: Did you have to stop your hobbies? Can you no longer play with your children or participate in social activities? This is often called the “loss of enjoyment of life.” Keeping a journal of your struggles can be a powerful tool for your case
- Age of the Injured Person: The age of the person who was hurt can also be a factor. A younger person with a permanent injury might have a higher pain and suffering award than an older person with the same injury because they will have to live with the injury for a more extended period
Contact Our Law Office for a Free Case Review with Our Auto Accident Attorneys
Proving pain and suffering requires a deep understanding of the law and a compassionate approach to your story. We at Messa Law pride ourselves on our ability to listen to our clients and understand the full impact an injury has had on their lives. We gather evidence to support your claim, from medical records to personal testimonies from those who know you.
If you or a loved one has been injured in a car accident in the Philadelphia area, we are here to help. We are ready to answer your questions and guide you with kindness and knowledge.
We offer a free consultation to discuss your case and explain your options. To get started, click to call us at Call Now.
