Navigating the law and understanding what constitutes a claimable injury for pain and suffering in Pennsylvania can be complicated. In this blog, we’ll dissect Pennsylvania statutes and legal precedents to clarify what injuries can be claimed, differentiating particularly between physical injuries and emotional anguish that occurs without physical harm.
What is a Claimable Injury?
In Pennsylvania, a claimable injury is one resulting from an individual’s negligence or intentional harm that leads to someone else’s suffering. To establish a claim for pain and suffering, the injured party must demonstrate that their injuries are the direct result of another’s actions or inactions.
Physical Injuries and Pain and Suffering Claims
Physical injuries are those that directly affect one’s body. This could include fractures, burns, head injuries, spinal cord injuries, or any other tangible harm. Pennsylvania law allows for those who’ve sustained physical injuries due to someone else’s fault to seek compensation not just for medical expenses and lost wages but also for pain and suffering.
What Qualifies as Pain and Suffering?
Pain and suffering encompass the physical and mental distress a person endures due to an injury. This includes:
- Chronic pain
- Diminished quality of life
- Psychological trauma
- Emotional distress
- Loss of companionship or consortium in cases of fatality or severe disability
These consequences of physical injury can be claimed within a personal injury lawsuit in Pennsylvania under ‘noneconomic damages.’
Emotional Anguish Without Physical Injury
When emotional anguish occurs without a physical injury, claiming compensation in Pennsylvania becomes more challenging. According to the law, emotional distress claims are typically only considered when they are:
- A direct result of a negligent or intentional act.
- Connected to a physical injury or perceived threat of physical injury.
- Observed by someone who is a bystander to an injury-causing event involving a close relative.
The courts in Pennsylvania are often hesitant to award damages for emotional distress absent physical harm. However, there are exceptions:
Intentional Infliction of Emotional Distress
For extreme cases, the state recognizes Intentional Infliction of Emotional Distress (IIED). The conduct in question must be outrageous, going beyond all bounds of decency and being intolerable in a civilized community.
Negligent Infliction of Emotional Distress
Negligent Infliction of Emotional Distress (NIED) can sometimes be claimed when a person is in the “zone of danger” from an accident but does not suffer physical injury. These cases are complex and compensation is not guaranteed.
Bringing a Pain and Suffering Claim in Pennsylvania
For any claim involving pain and suffering, documenting the full extent of the injuries and impact on the victim’s life is crucial. This may involve:
- Medical records
- Expert testimony
- Personal diaries
- Testimonies from family and friends
- Psychological evaluations
Victims must establish a clear link between the incident and their pain and suffering. Consulting with knowledgeable attorneys who are well-versed in Pennsylvania’s personal injury laws is essential to determine the viability of a claim.
Conclusion
Recognizing the distinction between physical injuries and emotional distress without physical trauma is vital for anyone considering a pain and suffering claim in Pennsylvania. While emotional distress claims without accompanying bodily injury have significant hurdles to overcome, they are not impossible under specific circumstances. Always contact an experienced personal injury lawyer to assess your case thoroughly and provide proper legal guidance.
Remember, time is of the essence when filing claims. Pennsylvania sets a statute of limitations on how long you have after an injury to file a lawsuit, so swift action is advised. Growing your understanding of claimable injuries in Pennsylvania empowers you to seek the justice and compensation you deserve.
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Reminder: This blog provides general information and is not a substitute for legal advice. Always consult a professional for specific legal inquiries.