Damage caps are legal limits that set the maximum compensation for specific types of damages in civil lawsuits. These caps are usually set by state law and may vary depending on the type of case and the state where the lawsuit is filed.
Pennsylvania does not impose caps on damages for pain and suffering in most personal injury cases. These damages will only be limited in claims against the government. Still, proving damages for pain and suffering can be a complicated task. Assistance from our legal professionals can be highly valuable when fighting for maximum payment in your case.
Get help from our experienced Philadelphia personal injury lawyers at The Reiff Law Firm by calling (215) 709-6940.
Pain and Suffering Damage Caps for Claims Against the Government in Pennsylvania
As previously mentioned, damage caps will only be placed on your pain and suffering damages if you are filing a claim against the government. There are multiple scenarios where you may be filing such a claim. For example, perhaps you are suing a local government entity for a car accident caused by improper road conditions. Moreover, you may be suing the government for pain and suffering damages if you suffered a harmful slip and fall on government property.
For claims against the Commonwealth of Pennsylvania, pain and suffering damage caps are set at $250,000 for a single plaintiff and $1,000,000 in aggregate under 42 Pa.C.S. § 8528.
Still, you should not let this damage cap deter you from pursuing a rightful claim with our Pennsylvania personal injury attorneys. We will help gather evidence, file your case, and negotiate for the full extent of payment you are owed.
Can You Recover Pain and Suffering Damages if You Were Partially to Blame for Your Accident in Pennsylvania?
There are situations where accident victims can share fault for their injuries. As an example, a grocery shopper wearing shoes with worn tread may share fault for an accident where they slipped on a wet floor in the aisle. Moreover, a speeding driver may be partially responsible for a crash with a motorist who ignored a red light.
Thankfully, you may recover pain and suffering damages even if you are partially at fault for your accident in Pennsylvania. Under our state’s doctrine of “modified comparative negligence,” all damages in personal injury cases will be apportioned based on percentages of fault. For example, if you are considered 20% to blame for your slip and fall accident while a property owner is 80% responsible, then they will have to pay for 80% of your pain and suffering damages while you must account for the leftover 20%.
It is crucial to note that you will be restricted from recovering pain and suffering damages if your share of blame for an accident is greater than 50%. Our legal team can help build your case and defeat any of the defendant’s alternative arguments of fault. That way, you may acquire the full range of damages available.
Factors Used to Determine Damages for Pain and Suffering in Pennsylvania Personal Injury Cases
There is a multitude of different factors that attorneys and courts may consider when determining damages for pain and suffering. For instance, any of the following may be analyzed in your case:
Severity of Injury
The severity of your injury plays a crucial role in determining damages for pain and suffering. More serious injuries, such as broken bones, severe burns, or traumatic brain injuries, typically result in higher compensation because they cause more intense physical pain and require longer recovery periods.
Impact on Daily Life
The impact of the injury on your daily life is another important factor. If your injury affects your ability to work, perform daily tasks, or enjoy hobbies, then damages for pain and suffering will likely be higher.
Duration of Suffering
The duration of your suffering, both physical and emotional, is considered when determining pain and suffering damages. Chronic pain or long-term emotional distress can lead to higher compensation. The longer you experience pain and emotional hardship, the greater the potential damages.
Medical Treatment and Recovery
The nature and extent of medical treatment required for your recovery also affect pain and suffering damages. Treatments such as surgeries and physical therapies indicate a more severe injury, which can justify higher compensation. Our team can help use your medical records to obtain maximum payment for pain and suffering.
Considering Settlement Offers for Pain and Suffering Damages in Pennsylvania
If you file a personal injury lawsuit, then the defendant will likely attempt to settle your case before going to trial. If you accept their offer and enter into a settlement agreement, then you will be awarded a certain amount of compensation in exchange for your case’s dismissal. There are multiple reasons why you may want to settle before trial. For example, settling early may allow you to acquire damages sooner. You may also save on many costs that can be incurred during the trial process.
However, it is probable that the defendant in your case will try to settle your case cheaply and quickly. Support from our legal professionals can be highly beneficial when negotiating for a settlement offer that reflects the true value of your case.
Furthermore, if you are not presented with an acceptable settlement offer, then our team will take your case to trial and fight for the damages that are owed.
Time Limit to Sue for Pain and Suffering Damages in Pennsylvania
Waiting too long to file your personal injury lawsuit may inhibit your ability to recover pain and suffering damages. According to 42 Pa.C.S. § 5524, you will generally have two years from the date of an accident to sue for the pain and suffering you endure.
Furthermore, the evidence needed to support your case can become hard to collect and preserve as more time passes. You should begin building your claim as soon as possible after your accident to help avoid any potential complications.
Call Our Attorneys for Support When Pursuing Pain and Suffering Damages in Pennsylvania
Seek assistance from our experienced Pennsylvania personal injury attorneys by calling The Reiff Law Firm at (215) 709-6940.
