No one likes to experience pain and suffering. Whether it’s caused by a personal injury, a car accident, or medical malpractice, the physical and emotional toll can be overwhelming. And when that pain is caused by someone else’s negligence, it can be even harder to bear.If you’re considering pursuing legal action to get compensation for your pain and suffering, it’s important to understand how it’s calculated in Pennsylvania. Here’s what you need to know.
What is Pain and Suffering?
Pain and suffering is a legal term that refers to the physical and emotional distress caused by an injury or accident. It includes everything from physical pain and discomfort to mental anguish and emotional trauma.
In Pennsylvania, pain and suffering is considered a type of “non-economic damages” that can be awarded in addition to any economic damages (like medical bills and lost wages).
How is Pain and Suffering Calculated?
There is no set formula for calculating pain and suffering in Pennsylvania. Instead, it’s up to the jury to decide what amount is appropriate based on the evidence presented.
Some of the factors that can influence the amount awarded for pain and suffering include:
The severity of the injury
The length and extent of the recovery process
The impact the injury has had on the victim’s life (both physically and emotionally)
The degree of fault of the person or entity that caused the injury
Keep in mind that there is a cap on non-economic damages in Pennsylvania, which is currently set at $500,000. That means that no matter how much pain and suffering you’ve experienced, you can’t be awarded more than $500,000 in non-economic damages.
How is Pain and Suffering Proven?
Proving pain and suffering can be tricky because there is no physical evidence. Instead, you’ll need to rely on testimony from yourself, medical experts, and others who can speak to the impact your injury has had on your life.
It’s also important to keep records of your medical treatments, therapy sessions, and any other expenses related to your injury. These records can provide evidence of the severity of your pain and suffering and help demonstrate the impact it has had on your life.
When Should You Pursue Legal Action for Pain and Suffering?
If you’ve been injured due to someone else’s negligence and you’re experiencing physical or emotional pain and suffering as a result, it’s a good idea to consider pursuing legal action.
An experienced personal injury attorney can help you navigate the legal process and work to get you the compensation you deserve for your pain and suffering.
Pain and suffering can be a difficult thing to quantify, but it’s an important part of any personal injury case. By understanding how it’s calculated in Pennsylvania, you can be better prepared to pursue legal action and get the compensation you deserve for the physical and emotional toll of your injury. If you’re considering pursuing a personal injury case in Pennsylvania, be sure to speak with an experienced attorney who can guide you through the process and help you fight for your rights.