Being the victim of an accident that results in bodily harm is devastating. In addition to mounting medical bills and expenses, you could be facing an extended recovery and a change in lifestyle. You might want to file a claim for personal injury if you were injured in an accident.

Personal injury victims in Pennsylvania may be eligible for a variety of compensatory damages. The law compensates victims of personal injuries for the alterations to their lives that the injury has caused. You may receive multiple types of compensation to meet your physical, emotional, and financial requirements.

This article focuses on the non-economic damages available to Pennsylvania residents, including pain and suffering. The objective of the law is to restore you to the position you held prior to your serious injury. Since every case is unique, you should contact an experienced Pennsylvania personal injury attorney, such as Brandon J. Broderick, to find out more about your options moving forward.

What is “Pain and Suffering” in a PA Personal Injury Claim?

Pain and suffering refers to the physical and/or emotional turmoil caused by an accident and the resulting injuries. For instance, if a driver suffered a brain injury, he or she would likely receive compensation for the anguish of enduring the injury, the associated treatment, the pain and discomfort it caused, and any lifestyle constraints imposed on the claimant. Additionally, the driver would likely receive compensation for the stress and limitations associated with a permanent injury.

What is Included in Pain and Suffering Damages?

The purpose of non-economic damages is to compensate you for the different forms of suffering you endured as a result of your accident. In general, economic damages are intended to restore you to your original financial position. Specifically, non-economic damages are losses for which there is no tangible evidence. Occasionally, these are referred to as "general" damages. They are more difficult to quantify because they are not explicitly linked to a specific loss.

According to Section 223.3 of the Pennsylvania Code 231 these damages may include:

• Physical pain and suffering
• Emotional trauma, including depression, anxiety, stress, grief, and mental anguish
• Discomfort, inconvenience, and distress
• Embarrassment and humiliation
• Disability
• Loss of life's enjoyment
• Disfigurement and scarring

When these damages are included in a personal injury claim and supported by evidence, juries are expected to award them "fairly and adequately." The jury is instructed to consider the following factors when determining just compensation for the plaintiff:

• The severity of the injuries
• The nature of the injuries sustained
• The type of medical treatment received
• The degree of permanent injury, including scarring and disfigurement
• The length of recovery time
• The possible long-term effects of the injuries
• The amount of insurance coverage available
• The type of case involved
• The age of the person
• The impact of your physical injuries on your well-being
• The emotional trauma suffered including stress, anguish, grief, pain, and anxiety
• The interruption to daily life, including activities you cannot perform due to your injuries

How Is Pain and Suffering Calculated in a PA Personal Injury Claim?

When determining damages for pain and suffering, the multiplier method and the per diem method are the two most common approaches to calculating pain and suffering.

There is no straightforward mathematical formula underlying either of these approaches. They instead lay the groundwork for quantifying intangible losses such as pain and suffering.

The Multiplier Method

The multiplier method is the most commonly used approach when calculating damages

The economic losses incurred as a result of an injury-causing accident are the first to be determined by the court. Included are costs like medical care and lost wages. The value of the victim's pain and suffering is then determined by multiplying this amount by a predetermined factor (commonly 1 to 5).

After negotiating the multiplier number, the victim's claim can be quantified using the following equation:

(past and future medical expenses) x (multiplier number) plus (total monetary/economic damages) = total case value.

For instance, if an automobile accident victim suffers a broken leg and total economic damages of $7,000, the court may determine that the multiplier should be "2" when calculating compensation for their pain and suffering. This would place their pain and suffering damages at $14,000. The victim would receive this in addition to compensation for financial losses.

The court's determination of the appropriate multiplier will depend on a number of factors, such as the nature and severity of the victim's injuries, the extent to which their lives were disrupted, and the length of time it is anticipated to take them to recover.

The Per Diem Method

The per diem method of calculating pain and suffering damages is typically designated for claims involving only temporary injuries and, as a result, is utilized less frequently.

The court will designate a daily amount for the victim's suffering. This number is multiplied by the total number of days the victim needs to recuperate.

If the court determines that the victim will need 60 days to recover, for example, and awards the victim $100 per day in pain and suffering damages, In this case, the victim would be entitled to $6,000 in pain and suffering damages.

Establishing the Value of Your Pain and Suffering Damages 

In court, the presiding judge will not inquire, "Were you injured by the incident?" How sore is your arm? Due to the fact that two individuals may sustain the same injury and experience completely different levels of pain, you will need court-admissible evidence, such as:

• Personal journal entries detailing the various ways your pain, suffering, and injuries have affected your daily life
• Medical testimony from your healthcare providers, including medical records and official documentation of your injuries' severity
• Statements from friends and family describing how they have observed how your injuries, pain, and suffering have affected your life
• Photos and video of your injuries

The jury will then use this evidence in conjunction with additional information, such as your age, type of injury, and the impact of the injury on your well-being and daily life, to determine the amount of damages you are entitled to recover in your personal injury lawsuit and insurance claims.

Damages Caps and Limitations in Pennsylvania

In Pennsylvania, it is typically simpler to file a claim for past or future pain than for other non-economic damages, but there are a few restrictions on personal injury claims that can have an unfavorable effect on your eligibility for damages compensation.

Assess the different restrictions on claims for pain and suffering damages in Pennsylvania:

• The Commonwealth of Pennsylvania can be pursued for personal injury up to a maximum of $1 million per claim and $250,000 per occurrence, according to Title 42 § 8528 of the Pennsylvania Code.
• The maximum amount of compensation that can be awarded when filing a claim against a local government agency is $500,000.
• Pennsylvania law, 40 Pa. Stat. § 1303.505, places a limit on the amount of punitive damages you can be awarded, stipulating that your punitive damages cannot exceed two times the amount of your compensatory damages.

Contact an Experienced PA Personal Injury Lawyer at Brandon J. Broderick Today; we are Ready to Assist You

Serious injuries can significantly affect an individual's quality of life. You will require physical, mental, and emotional healing. If you cannot work or communicate with your family, you are entitled to compensation. We can assist you in obtaining the various types of compensatory damages that you require.

Contact Brandon J. Broderick, Attorney at Law, for a free consultation regarding the forms of compensatory damages available to you if you have been injured due to the negligence of another individual. Due to our track record of success in personal injury settlements and our dedication to client care, we can assist you in recovering from your setback. We are prepared to assist you at any of our multiple locations in Pennsylvania. We look forward to helping you.