How to Recover Damages for Pain and Suffering in Pennsylvania
The physical pain and emotional suffering sustained by personal injury victims can be immense. For instance, in addition to enduring debilitating pain, an individual with a spinal cord injury may be restricted from engaging in meaningful relations with friends and family members. Further, someone with a brain injury may be unable to partake in their favorite hobbies and activities.
If you were hurt as a result of another person’s negligence in Pennsylvania, then you may recover damages for pain and suffering by filing a personal injury lawsuit against the at-fault party. The team at our law firm can help gather and present the evidence necessary to recover these damages in your case.
Seek support and guidance from our Philadelphia personal injury attorneys at The Reiff Law Firm by dialing (215) 709-6940.
Pursuing Pain and Suffering Damages in a Pennsylvania Personal Injury Lawsuit
In the aftermath of a harmful accident, you may recover damages for pain and suffering by filing a personal injury lawsuit. Pennsylvania’s legal system allows individuals who have suffered injuries because of other parties’ negligence to seek compensation not only for their economic losses but also for the physical and emotional pain they have endured.
In a personal injury case, the damages awarded for pain and suffering are typically considered non-economic damages. These are damages that aim to compensate plaintiffs for physical pain, emotional distress, and the reduced quality of life they experience as a result of their injuries. After your free case review, our Bucks County personal injury lawyers can assess the full extent of compensation that may be available to you.
How to Establish Damages for Pain and Suffering in Pennsylvania
In order to recover payment for pain and suffering in your lawsuit, you must be able to prove that these non-economic damages were incurred as a result of your injury. This can be a complicated process. For instance, the following are all examples of evidence that our team may use to establish damages for pain and suffering in your case:
Medical Records and Documentation
Medical records are a crucial form of evidence when establishing pain and suffering damages in a personal injury lawsuit. These records can provide a detailed account of the injuries, treatments, and the impact of the injuries on the plaintiff’s life. They may include hospital records, doctor’s notes, surgical reports, and diagnostic imaging such as X-rays, MRIs, and CT scans. These records help establish the severity of the injury, the recommended treatment, and the progression of the pain and suffering over time.
Photographs and Visual Evidence
Photographs and visual evidence can be powerful tools in illustrating the physical pain and suffering endured by the plaintiff. This can include pictures of the injuries immediately after the accident, during the recovery process, and any visible scars or disfigurements. Additionally, photographs or videos of the accident scene, damaged property, or the plaintiff’s limitations in their daily life can offer a compelling visual representation of the pain and suffering experienced.
Expert Witness Testimony
Expert witnesses, such as medical professionals and psychologists, can provide valuable testimony to support a claim for pain and suffering damages. Medical experts can explain the extent of the injuries and their long-term consequences, while mental health professionals can testify about the emotional distress and psychological impact of the injury. Their expert opinions can be persuasive in demonstrating the physical and emotional pain the plaintiff has endured.
Diaries and Journals
Personal accounts of the plaintiff’s experiences can also serve as evidence of pain and suffering. Diaries and journals can provide a detailed narrative of the daily challenges, discomfort, and emotional struggles faced as a result of the injury. These records can help the court and the jury understand the ongoing impact of the injuries on the plaintiff’s life.
Statements from individuals who have observed the plaintiff’s pain and suffering can be valuable evidence. These witnesses may include family members, friends, coworkers, or even medical professionals who have treated the plaintiff. They can describe how they have witnessed the plaintiff’s struggles, discomfort, and emotional distress, further strengthening the case for pain and suffering damages.
Prescription and Medication Records
Prescription and medication records can be used to establish the ongoing pain and suffering experienced by the plaintiff. These records show the types of medications prescribed, the dosage, and the frequency of use. They can be indicative of the severity of the pain and discomfort the plaintiff has been dealing with because of the injuries.
Lost Enjoyment of Life
In personal injury cases, evidence may be presented to demonstrate how the plaintiff’s ability to enjoy life has been affected by the injuries. This could include evidence of hobbies, sports, or activities that the plaintiff used to engage in but can no longer participate in because of the injuries. It can also include testimony from the plaintiff about how their overall quality of life has diminished as a result of the accident.
Comparative evidence involves comparing the plaintiff’s life before and after the injury. This can include evidence of the plaintiff’s physical and emotional well-being, daily activities, and overall happiness and satisfaction with life before the accident. The contrast between the plaintiff’s life before the injury and the pain and suffering experienced afterward can be a persuasive argument in court.
Pain Scales and Assessments
Pain scales, such as the Visual Analog Scale (VAS) or the Numeric Rating Scale (NRS), are commonly used by medical professionals to assess a patient’s pain levels. These assessments can provide quantifiable evidence of the plaintiff’s pain and suffering. Regularly recorded pain scores that show a significant increase after the injury can help establish the extent of suffering.
Employment records can demonstrate how the plaintiff’s ability to work has been impacted because of the injuries. Records of missed workdays, reduced work hours, or changes in job responsibilities because of physical limitations can be used as evidence of pain and suffering. Additionally, any wage loss because of the injuries can also contribute to the claim for damages.
Contact Our Personal Injury Attorneys for Assistance with Your Case in Pennsylvania
Seek help from our Allentown personal injury lawyers by calling The Reiff Law Firm at (215) 709-6940.