The damages you are eligible to recover in a spinal cord injury claim in Pennsylvania will depend on your financial and non-financial losses. Because of this, there is no set amount victims can recover for their injuries.
Compensation for spinal cord injuries in lawsuits varies from case to case in Pennsylvania. A typical settlement will include compensation for medical bills and a portion of lost wages. That said, going to trial may allow victims to claim more substantial damages, including compensation for pain and suffering. If you go to court, a judge or jury will award compensation to you. The negligent party that caused your injuries will be responsible for covering the cost, whether they are a medical professional, negligent driver, or product manufacturer.
To get a free evaluation of your case from our Philadelphia spinal cord injury lawyers, call The Reiff Law Firm now at (215) 709-6940.
How Much Economic Compensation Can You Get for a Spinal Cord Injury in Pennsylvania?
Because of the medical treatment required for spinal cord injuries in Pennsylvania, people can often recover compensation for all economic damages when they sue a negligent party.
Compensation for financial losses due to a spinal cord injury are based on the actual damages you have incurred. This means that a number isn’t chosen out of thin air; it is based on your financial damages. So, the compensation for financial losses in your case will primarily be determined by your medical bills and lost wages. Because of economic damages are different for everyone, so is the compensation plaintiffs can recover in lawsuits.
There is no limit on economic damages, meaning our Bucks County personal injury lawyers can help you recover total compensation for all financial losses. To do so, you must compile sufficient proof of damages, or evidence that you have incurred damages that need to be compensated for. Proof of damages includes medical bills and records of lost wages. If you cannot provide proof of damages, or prove that a defendant caused your injuries, you will not be able to recover compensation for financial losses caused by a spinal cord injury in Pennsylvania.
How Much Non-Economic Compensation Can You Get for a Spinal Cord Injury in Pennsylvania?
While spinal cord injuries generally impact people financially, they also impact people emotionally. This is why victims can typically recover compensation for non-economic damages in a lawsuit. Again, regarding non-economic damages, compensation varies substantially from case to case.
Pennsylvania does place caps on recovery of non-economic damages in certain situations. For example, in claims against the Commonwealth of Pennsylvania, the limit on non-pecuniary damages is $250,000. For cases against local governments, the limit is $500,000. There is no damage cap for claims arising from spinal cord injuries involving other defendants in Pennsylvania.
So, if you were hurt in a car accident or other incident and sustained spinal cord injuries, the amount in non-economic damages you recover will be up to the judge or jury for your case. Non-pecuniary damages are typically unavailable in settlements, which is why our attorneys advise people with spinal cord injuries to go to trial instead of settling out of court.
Recovering non-economic damages requires persuasive evidence. Testimony from your therapist or close friends and family can show how a spinal cord injury has impacted your mental wellbeing. Your own testimony about your emotional struggles following an accident can also be compelling. The sheer severity of a spinal cord injury might draw sympathy from a judge or jury, resulting in greater compensation for emotional damages in Pennsylvania.
How Much Can You Recover in Punitive Damages for a Spinal Cord Injury in Pennsylvania?
In addition to compensable damages, there are other damages victims may be able to recover after sustaining a spinal cord injury in Pennsylvania. In some cases, punitive damages are available to victims.
Unlike economic and non-economic damages, punitive damages do not compensate victims for incurred losses. Instead, punitive damages are awarded to punish defendants for gross negligence or intentionally malicious acts. Because of their severity, spinal cord injuries might warrant punitive damages.
Victims can only recover punitive damages if they go to court. In most medical malpractice cases involving negligence surrounding spinal cord injuries, the cap on punitive damages cannot exceed 200% of compensatory damages. Pennsylvania does not impose a limit on punitive damages in most other personal injury cases. If awarded punitive damages, the amount you recover will be decided by a judge or jury. Punitive damages are not available in cases against government entities in Pennsylvania.
Who Can You Get Compensation from for a Spinal Cord Injury in Pennsylvania?
If you sustained a spinal cord injury in an accident caused by negligence, you can sue them for compensation. Sometimes, an at-fault party might be difficult to identify.
Though spinal cord injuries are often caused during catastrophic accidents, that is not always the case. Sometimes, these injuries are not caused by another person’s negligence, leading people to assume they cannot sue another for compensation. This is not always the case, especially if your injuries were worsened because of negligence.
For example, suppose you sustained a spinal cord injury and then went to the hospital for treatment. If your injuries were improperly diagnosed or mistreated treated and worsened because of that negligence, you may be able to sue the doctor or hospital for compensation.
In other instances, fault may be more cut and dry. For example, a top cause of spinal cord injuries in Pennsylvania is car accidents. If you were hit by a negligent driver, you can sue them for compensation. Other common liable parties for spinal cord injuries include negligent property owners and product manufacturers in Pennsylvania.
Get Compensation for Your Spinal Cord Injury in Pennsylvania Today
Call The Reiff Law Firm now at (215) 709-6940 to schedule a confidential and free case review with our Philadelphia personal injury lawyers today.
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