How are Pain and Suffering Damages In PA Determined Or Calculated?
In Pennsylvania, determining the amount of damages awarded in personal injury cases involving pain and suffering can often be a complicated process. In order to ensure that plaintiffs receive a fair and just compensation for the physical and emotional trauma they have experienced, the court system in this state has developed guidelines for calculating these damages. This article will provide an overview of how pain and suffering damages are determined in Pennsylvania, including the factors that affect the amount of compensation awarded. Additionally, it will discuss how an experienced personal injury attorney can assist with this process to ensure that plaintiffs receive maximum compensation for their injuries.
There are several different types of personal injury cases in Pennsylvania that may be eligible for pain and suffering damages. These include medical malpractice, auto accidents, slip and falls, wrongful death, product liability, premises liability, dog bites, assault and battery, and other intentional torts, among others. In each of these cases the court or jury will weigh a variety of factors in order to determine the amount of damages awarded, including the severity and duration of the plaintiff’s injuries and any associated emotional trauma.
In Pennsylvania, the calculation of damages for pain and suffering is based on a variety of factors. These include the severity and duration of the plaintiff’s injuries, the nature and extent of the medical treatment received, any potential scarring or disfigurement as well as any emotional trauma they have experienced due to the incident. The court or jury also will take into account other losses that resulted from the accident, such as lost wages or medical bills. This element of damages is called economic damages and is different from pain and suffering. The court or jury may also consider the plaintiff’s age, economic circumstances, and other mitigating factors in order to determine an appropriate award. These damages cannot be determined without a full investigation into your life and injuries and the impact the injuries have had on your body’s ability to function normally.
The four main areas of pain and suffering are (1) physical pain and suffering; (2) embarrassment and humiliation; (3) loss of ability to enjoy the pleasures of life; and (4) disfigurement.
Physical Pain & Suffering
An injured person is entitled to be fairly and adequately compensated for all physical pain, mental anguish, discomfort, inconvenience, and distress you find he or she has endured in the past and will endure in the future as a result of his or her injuries.
Embarrassment & Humiliation
An injured person also is entitled to be fairly and adequately compensated for all embarrassment and humiliation as you believe he or she has endured and will continue to endure in the future as a result of his or her injuries.
Loss Of The Ability To Enjoy The Pleasures Of Life
An injured person is entitled to be fairly and adequately compensated for the loss of his or her ability to enjoy any of the pleasures of life as a result of the injury from the time of the injury until today and in the future as a result of his or her injury.
Finally, an injured person is plaintiff is entitled to be fairly and adequately compensated for the disfigurement he or she has suffered from the time of the injury to the present and that he or she will continue to suffer into the future duration of his or her life.
In considering these damage awards, a court or jury will (1) the age of the injured person; (2) the severity of the injuries; (3) whether the injuries are temporary or permanent; (4) the extent to which the injuries affect the ability of the injured person to perform basic activities of daily living and other activities in which the injured person previously engaged; (5) the duration and nature of medical treatment; (6) the duration and extent of the physical pain and mental anguish that the injured person has experienced in the past and will experience in the future; (7) the health and physical condition of the injured person before the injuries; and (8) in the case of disfigurement, the nature of the disfigurement and the consequences for the disfigured person.
In addition to knowing how pain and suffering damages are calculated in Pennsylvania, it is also important for plaintiffs to hire an experienced personal injury attorney who can effectively advocate for their rights. An experienced attorney will have a deep understanding of the legal system and be able to present evidence that supports the plaintiff’s case in order to maximize the amount of compensation they receive. An attorney will also be knowledgeable about the applicable laws and regulations that govern these types of cases in Pennsylvania, as well as the various strategies and tactics used by defense attorneys to minimize the amount of damages awarded to plaintiffs. By leveraging their expertise, an experienced personal injury attorney can ensure that plaintiffs receive a fair compensation for their injuries. Contact Gay and Chacker today for a free case evaluation.