What is Considered “Pain and Suffering” in Pennsylvania?

If you were injured in an accident due to the negligence of another, you deserve compensation. You may receive compensation for medical bills or lost wages, but the law also recognizes the pain and suffering that often accompany an accident. Thus, you may be able to recover from physical or mental anguish as well.

Pain and suffering fall under the category of non-economic damages, which are highly subjective and unique to each plaintiff. These damages often encompass bodily pain, mental and emotional distress, and the overall effect your injuries have on your quality of life. Although these damages can be challenging to prove, a skilled lawyer should know where to find the right evidence.

To discuss damages for “pain and suffering” in Pennsylvania, call our Pennsylvania personal injury lawyers at The Reiff Law Firm at (215) 709-6940.

Economic vs. Non-Economic Damages

Damages are divided into two categories: economic and non-economic.

Economic Damages

Economic damages include measurable costs such as medical expenses, vehicle damage, or lost wages from missed work, which can be calculated by tallying receipts. Almost any monetary costs you incur as a direct result of your accident and injuries may be counted among your economic damages.

Non-Economic Damages

Non-economic damages, or general damages, are intangible losses that cannot be assigned a monetary value with ease, such as pain and suffering. For this reason, pain and suffering are entirely subjective. They will depend on the specific circumstances of each case, as two people can have the same injury but may experience different levels of pain.

Additionally, one person’s injury may have an effect on their life that it wouldn’t have on another, such as if their injury led to emotional trauma that manifested in depression or anxiety.

It is important to note that, unlike some states, Pennsylvania does not have a limit on the amount of money you can recover for a personal injury claim against a private individual.

Claims for Physical Pain and Suffering in Pennsylvania

Below are some common examples of damages related to physical pain and suffering in personal injury cases.

Chronic Pain and Limitations

Many injuries lead to chronic pain conditions where victims live with severe, persistent pain for a long time. Many people live with chronic pain for years. Some deal with it for life. Chronic pain can take a significant physical and mental toll on people, and victims deserve compensation for having to endure this kind of suffering.

Daily Discomfort and Inconvenience

Injuries and pain can lead to discomfort and significant inconvenience. Even if the pain is not severe, it may be uncomfortable, and living with persistent feelings of discomfort can be mentally exhausting. On top of that, your injuries might make daily tasks more difficult, making every day harder to get through.

Disfigurement and Scarring

If injuries leave permanent scars or cause significant disfigurement, victims may experience extreme stress, trauma, and pain. The scarring and disfigurements might be physically painful, and the victim must mentally come to terms with how their body has changed.

Claims for Emotional and Mental Pain and Suffering

Some injuries affect the mind rather than the body, and they may comprise a large portion of your non-economic damages for pain and suffering.

Anguish, Distress, and Trauma

A bad accident and painful injuries may lead to serious mental anguish, emotional distress, and psychological trauma. Even if your physical injuries are not severe, the experience of being in an accident may be traumatizing.

Anxiety, Depression, and PTSD Symptoms

Some accident victims live with the mental and psychological injuries from the accident for a long time. Anxiety and depression are somewhat common after serious accidents. Some victims may be diagnosed with post-traumatic stress disorder (PTSD) and live with it for years.

Humiliation or Embarrassment

Certain kinds of accidents or injuries may lead to intense feelings of humiliation. You might find your reputation damaged by the accident. Depending on how you were injured, you might have deep feelings of violation.

Loss of Enjoyment of Your Life

Some injuries may make it harder to live your life the way you want, and you may claim damages for this grievous loss.

Inability to Perform Hobbies and Daily Activities

Painful injuries may make accomplishing normal daily chores or engaging in hobbies difficult or impossible. This can lead to a significant decline in the quality of your life and ability to enjoy the things you once loved.

Damage to Relationships

Injuries and accidents may take such a toll on victims that they lose personal relationships. The pain and mental suffering a victim endures can be isolating, and they may find it harder to maintain friendships, relationships, and even professional relations as part of their jobs.

Examples of Pain and Suffering

There is a plethora of injuries that can fall under the category of “pain and suffering”. If your original injury caused you pain or discomfort, you may be able to recover from pain and suffering.

Bodily Injuries That Affect Your Quality of Life

Pain and suffering damages are typically awarded to a plaintiff who is experiencing aches or pains in the body, scarring, depression or other emotional trauma, temporary or permanent limitations on activities, potential shortening of life, future pain and suffering, humiliation, and embarrassment.

For example, if you were in a severe accident that left you immobilized in a wheelchair, you most likely would be limited in the activities you would be able to perform, including working. This could reduce your pleasure in your activities and life, and you may even experience depression, anxiety, or other mental anguish because of your injuries.

Injuries That Alter Your Body and Appearance

Additionally, an injury that leads to permanent disfigurement could lead to emotional pain regarding the plaintiff’s appearance and social interaction, causing humiliation and embarrassment. If this is the case, the jury will take that into account when awarding damages.

Measuring Pain and Suffering Damages

As stated earlier, pain and suffering are mostly subjective, though some stakeholders, including insurance companies, may resort to set formulas to calculate pain and suffering damages.

Multiplier Method

The first formula adds up the plaintiff’s medical bills and lost wages and multiplies the total by a number that will vary depending on how severely the victim was injured.

Per Diem Method

The second formula establishes a per diem amount of pain and suffering for each day from the injury until full recovery. There are occasions when the formulas reflect the degree of pain and suffering reasonably, but oftentimes, evidence and analysis done by a lawyer will determine how much is awarded.

Facts of the Case

More often, a jury will determine the amount of pain and suffering damages by considering the victim’s age, the type of injury, and how the injury affects the victim both emotionally and physically. Though pain and suffering are mostly subjective, damages will typically increase with the severity and the permanence of an injury.

Comparing Your Life Before and After the Injuries

New Jersey personal injury Lawyers will typically make objective comparisons between the daily activities of the plaintiff before their injury and after their injury to show the extent of pain and suffering. The jury is then tasked with weighing the wide variety of evidence presented in court, and can also decide to deny or award fewer pain and suffering damages.

Possible Limitations on Damages for Pain and Suffering in Pennsylvania

Although there are no limitations to the award of pain and suffering damages in a lawsuit against private individuals, there are exceptions.

The first is if you were involved in an automobile accident with a “limited tort” insurance policy. Unlike “full tort” insurance, limited tort does not entitle you to compensation unless you can prove you suffered a “serious injury” as defined by Pennsylvania law.

Additionally, the government and its subdivisions have sovereign immunity, meaning they are mostly immune from liability unless an exception applies.

Proving Pain and Suffering

In order to recover anything for pain and suffering, you must be able to prove that there is real trauma connected to the injury. Thus, it is important to provide as much objective evidence in court as possible.

Medical Records

An important piece of evidence will be your medical records, including a doctor’s diagnosis and a complete description of the victim’s physical pain. It will also be important to show past and present documentation of medication, whether it be medication for physical pain or emotional trauma.

Medical Experts

Along these lines, it could be beneficial to receive testimony from a medical expert, whether it be a doctor who can verify the degree of physical pain or a mental health expert who may have treated the victim for mental or emotional anguish following their injury.

Witness Testimony

It may also be helpful to have a friend or family member testify on your behalf about the difference in your physical or emotional state before and after the accident.

Your own testimony of pain, as well as journal entries that may describe the pain in detail, will also be extremely influential on the jury.

Photos and Videos of the Accident and Your Injuries

Photographs or video evidence depicting the injury and how it appears over time will be essential. Sometimes, before-and-after pictures are used, such as a victim playing sports before the injury versus being hospitalized after the injury, which may affect the amount the jury decides to award.

Mistakes to Avoid When Claiming Damages for Pain and Suffering in Pennsylvania

The most important part of this process is to preserve as much evidence as possible that will invoke an empathic response in the jury and show that there was real and sustained pain and suffering that resulted from your injuries.

Immediate Medical Care

You want as strong a claim as possible, so the first thing you should do is seek immediate medical care for both physical and emotional trauma so that a physician or therapist could testify about your recovery from day one.

Obey Your Doctor’s Orders

It will also be important to try to heal as much as you can to avoid any argument that you worsened your injuries.

No Social Media

Equally important is avoiding mistakes that may undermine your claim. This means you should avoid posting about your injury on social media and, if possible, avoid social media altogether.

FAQs About Damages for Pain and Suffering in Pennsylvania

What Does “Pain and Suffering” Cover in a Personal Injury Lawsuit?

Pain and suffering may cover a wide range of non-economic damages revolving around mental, emotional, and psychological distress. While these damages are subjective, they may warrant substantial compensation.

Can I Sue for Pain and Suffering in Pennsylvania?

Yes. You may include claims for pain and suffering in your personal injury lawsuit. Generally, you must also have a physical injury to sue for pain and suffering, although it may be possible to sue only for pain and suffering under limited circumstances.

How Much Are Damages for Pain and Suffering Worth?

The value of claims for pain and suffering is based on the severity of the injuries. Generally, more severe injuries tend to lead to greater suffering, distress, and pain. The more these experiences affect your daily life, the greater your compensation may be.

How Do I Prove My Claims for Pain and Suffering?

Pain and suffering are not things you can hold up in front of a jury, so we must find other ways of proving them. Testimony from you and witnesses about how the injuries have affected your life and mental health may be helpful. Your medical records may also highlight how distressing your injuries are.

Are Damages for Pain and Suffering Capped or Limited?

In Pennsylvania, non-economic damages are not capped by statute, and they may be as high as the judge or jury deems appropriate.

How Do I Claim Damages for Pain and Suffering?

You may claim damages for pain and suffering in your initial complaint. The complaint should spell out all the damages you want to claim and what you believe they are worth, with evidence to back up your claims.

Contact Our Personal Injury Lawyers Today

Call our Philadelphia personal injury lawyers at (215) 709-6940 for a free review of your case.