Being the victim of an accident resulting in personal injury is devastating. In addition to mounting medical bills and expenses, you may be faced with a prolonged recovery and a lifestyle adjustment. If you were injured in an accident, you may wish to file a claim for personal injury.
As a Pennsylvania victim of a personal injury, you may be eligible for a number of compensatory damages. The law compensates victims of personal injury for the life changes caused by the injury. You may receive multiple forms of compensation to address your physical, emotional, and financial needs.
This article focuses on the non-economic damages available to Pennsylvania residents. The intent of the law is to place you in the same position you held prior to your serious injury. Since every case is different, you should contact an experienced Pennsylvania personal injury attorney such as Brandon J. Broderick as soon as possible to learn more about your options moving forward.
Non-Economic Damages - Also Known as General Damages
Non-economic damages are intended to compensate you for the various types of suffering you endured as a result of your accident. Economic damages are generally intended to restore you to your original financial status. Specifically, non-economic damages consist of losses that are not supported by tangible evidence. These are sometimes referred to as "general" damages. They are more challenging to quantify because they are not directly related to a particular loss.
According to Pennsylvania Code 231 §223.3, these damages may include:
- Physical pain and suffering
- Mental suffering
- Discomfort, inconvenience, and distress
- Embarrassment and humiliation
- Loss of life's enjoyment
- Disfigurement
When these damages are included in a claim and supported by evidence, it is expected that juries will award them "fairly and adequately." The jury is instructed to consider the following factors when determining the plaintiff's just compensation:
- Age of the plaintiff
- The seriousness of the injuries
- How long the injuries are anticipated to last
- How long the injuries are anticipated to last
- The duration of medical treatment and the nature of this treatment
- How long and how intense the physical pain and mental anguish have lasted and how long they are expected to last.
- Condition of the plaintiff's health and body prior to the accident
- The nature of the disfigurement and its potential impacts on the plaintiff
How Do Pennsylvania Courts Calculate Damages in Personal Injury Cases?
Your attorney will compute a settlement demand for your personal injury lawsuit based on your economic losses and a number of other variables. Your attorney will help you establish the validity of your claim and the amount of compensation you are seeking. Following the filing of a claim or lawsuit, the defendant may reject your claim in its entirety or make a settlement offer, thereby initiating the negotiation process.
Contact Brandon J. Broderick if Your Accident-Related Injuries in Pennsylvania Require Financial Compensation
Serious injuries can significantly affect an individual's quality of life. You will need physical, mental, and emotional healing. You are entitled to compensation if you are unable to work or connect with your family. We can assist you in obtaining the various compensatory damages you need.
Contact Brandon J. Broderick, Attorney at Law, for a free consultation regarding the types of compensatory damages available to you if you have been injured due to the negligence of another person. Due to our track record of success in personal injury settlements and our dedication to client service, we can help you recover from your setback. We look forward to helping you.