When a person is injured in an accident, they will likely have to pursue a lawsuit against the person that caused the accident. When pursuing damages from the negligent party, a victim may have difficulty determining how much to seek for losses associated with pain and suffering. Fortunately, you could work with an experienced Philadelphia personal injury lawyer to help you determine the value of your pain and suffering damages. Calculating pain and suffering damages after a serious accident could be difficult. However, our skilled Pennsylvania injury attorneys are here to help you determine the value of your case. The Reiff Law Firm is here to discuss a reasonable settlement amount for pain and suffering damages.
Common Examples of Pain and Suffering Damages in Pennsylvania
In Pennsylvania, a victim of an accident could be awarded damages for pain and suffering when they experience a physical or mental injury. There are various types of injuries that could qualify as pain and suffering. For example, if a victim sustains a bone fracture in a car accident, and they require surgery, the emotional impact of the injury could be considered as pain and suffering. Additionally, the following circumstances could be used as valid examples of pain and suffering:
- Continuous pain experienced by the victim days, weeks, or months after the accident
- Depression or other mental illnesses linked to the accident
- Disfigurement or scarring due to an accident could also lead to embarrassment or humiliation
- Loss of consortium
- The victim is unable to perform their favorite activities due to the injury
This is not an exhaustive list. It is also important to note that a victim will have to present a correlation between these situations and their pain and suffering. To learn more about calculating pain and suffering damages in Pennsylvania, you should continue reading and speak with an experienced Pennsylvania attorney for pain and suffering damages.
Calculating Pain and Suffering Amount for a Settlement in PA
When negotiating a settlement, a victim should take the time to calculate their pain and suffering damages. There are a number of factors that must be considered when determining compensation for pain and suffering. For example, if a victim is using a physical injury as a basis for their pain and suffering damages, the victim would need to show the severity of the injury.
The following factors should also be considered when determining pain and suffering damages in a settlement:
- The duration of the victim’s pain and suffering
- The psychological impact on the victim
- Whether the victim will experience future pain and suffering due to the accident
Whether a victim was injured in a slip and fall accident, truck accident, or under other circumstances, it is important to note that a settlement may not provide them with the compensation they need.
Estimating a reasonable amount of compensation for pain and suffering could be challenging as the opposing party may seek to undervalue your claim. For example, the opposing party may allege that you were partly responsible for the accident, so you are not entitled to the total amount of damages you are claiming.
When a victim does not recover sufficient damages in a settlement, they are left to handle the costs of managing their pain and suffering, which could mean seeking therapy or needing surgery to correct a disfigurement. As a result, you should consider filing a personal injury lawsuit against a negligent person in order to claim compensation for pain and suffering and for other damages caused by the accident.
Recovering Damages for Pain and Suffering in a Pennsylvania
If you were injured due to the actions of another and you would like to pursue that party for damages, our skilled Pennsylvania personal injury lawyers are here for you. In order to recover damages for pain and suffering, a plaintiff will need to prove how the defendant was responsible for their injuries in a personal injury lawsuit.
To prove that a defendant is responsible for their injuries in a personal injury lawsuit, a plaintiff will need to prove the following elements of negligence:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care
- The plaintiff’s injuries were caused due to the actions of the defendant
- The plaintiff’s injuries and losses are compensable in a court of law
Once all four elements are proven, you could recover damages for your injuries and losses. In addition to pain and suffering damages, a plaintiff could also recover damages for the following:
- Loss of wages
- Medical expenses
- Property damage
The Reiff Law Firm is here to help you seek compensation for pain and suffering and other losses you sustained due to the negligent actions of another person.
Consult with Our Experienced Pennsylvania Personal Injury Lawyers to Discuss Your Pain and Suffering Settlement
If you or a family member was injured due to the negligence of another person or entity, you should consult with an experienced Bucks County personal injury attorney as soon as possible. The committed legal team at the Reiff Law Firm possess decades of legal experience helping our clients litigate for the damages they need after a serious accident. A victim should not have to solely manage economic and noneconomic losses due to the actions of a negligent person. To schedule a free legal consultation to discuss the details of your case, you should call the Reiff Law Firm at (215) 709-6940. You may also use our online submission form to schedule your free case review.
