After a car accident in Philadelphia, Pennsylvania, those involved will likely sustain minor to severe injuries. The latter often results in what is known as pain and suffering. However, since pain and suffering are not tangible losses like hospital bills, many accident victims wonder if they can sue for pain and suffering after a car accident in PA.
The answer is yes.
Pain and suffering fall under the category of non-economic damages, and you can be compensated for them. If you or a loved one suffered injury from a car accident, our team at The Cochran Firm can help you get compensation for pain and suffering and other damages. Contact us today at 800-969-4400.
Why Choose Us?
We Help Victims of Car Accidents Get the Compensation they Deserve.
At The Cochran Firm in Philadelphia, we have years of experience helping personal injury victims get compensation from the party responsible for their hurt. Our personal injury attorneys are experienced negotiators and trial lawyers and will provide you or your loved ones with quality legal representation.
We have won over $30 billion in combined verdicts and settlements, and the results obtained significantly impacted the lives of our clients. We remain committed to applying our knowledge of personal injury laws to help you get the best outcome for your case. Book a free case review today to learn more about our services.
What Is Pain and Suffering?
If you suffered severe injuries in an auto accident, you must have experienced pain and suffering. “Pain and suffering” refers to the discomforts, anguish, inconvenience, and emotional distress resulting from an accident injury. Pain and suffering is broadly classified as physical and emotional pain.
In terms of physical pain, the ache must have been so intense that you could not enjoy life as you did before the accident. The pain must also prevent you from performing the activities you used to before the car crash. Emotional pain and suffering are often associated with physical injury, including mental anguish, embarrassment, humiliation, anxiety, etc.
How Is Pain and Suffering Determined in PA Car Accidents?
Pain and suffering may be compensable, but you must be able to provide proof to receive a settlement. Therefore, the first step in determining pain and suffering is obtaining evidence that shows what you or your loved ones endured.
The evidence needed includes:
- Medical records showing the severity of the physical injury
- Doctor’s note
- A personal journal documenting your pain
- Photographs
- Testimony of a therapist or mental health counselor.
While you can gather this evidence yourself, you need the help of a car accident attorney to put your case together. The lawyer can also help you get proof while you focus on your recovery. Also, since pain and suffering are non-tangible damage and have no fixed dollar value, without prior legal experience it is difficult to determine how much a claim is worth.
Under Pennsylvania law, you can receive compensation for past, current, and future pain and suffering.
Generally, the more severe your injury is, the greater the pain and suffering payout. For example, someone with a broken bone will likely experience more physical pain than whiplash. Similarly, a person with a spinal cord injury will have more emotional distress and bodily pain than someone with a broken bone. Therefore, each case is examined on its merit to determine the extent of pain and suffering.
How Do You Calculate Pain and Suffering in PA?
As mentioned, pain and suffering are non-economic damages and, therefore, not quantifiable. As a result, insurance companies created two ways of calculating pain and suffering in PA.
Multiplier Method
Insurance companies and courts use this method to ascertain how much a victim should get as pain and suffering damages. Generally, a number is chosen between one and five and multiplied by the total amount of your economic damages. So, if you received $20,000 as monetary damages and the multiplier is 2, your compensation for pain and suffering is $40,000.
Pay-Per-Day Method
Also known as the per diem method, pay-per-day involves attaching a dollar value for each day the pain and suffering last. So, the longer you endure pain and suffering, the more significant the compensation amount. However, each day has no fixed sum; the amount assigned depends on how well you can negotiate. Therefore, it is best to let our personal injury lawyers at The Cochran Firm help you bargain the value for each day.
Fault at Play
Pennsylvania is a modified comparative negligence state as stated in 42 Pennsylvania Consolidated Statutes Section 7102(a). Under the modified comparative negligence rule, you cannot receive compensation if your percentage of fault exceeds 50%. So, if you were partly at fault for the accident, you can still get compensated, but it will be less than what you would have gotten without liability.
Can You Sue for Pain and Suffering After a Car Accident in PA FAQs
When seeking compensation for pain and suffering, it is normal to have questions. Below are some of the frequently asked questions about pain and suffering.
Can I Sue for Pain and Suffering After a Car Accident in Pennsylvania?
Yes. You can file an insurance claim or lawsuit to receive compensation from the at-fault party for pain and suffering.
How Much Can I Recover for Pain and Suffering in PA?
There is no fixed sum for what you can get as pain and suffering compensation in PA. The amount depends on the severity of the injury sustained, the multiplier number or per diem value, and the presence or absence of fault.
How Long Do I Have to File a Claim for Pain and Suffering After a Car Accident?
The statute of limitations for car accidents in Pennsylvania is two years, and it applies to pain and suffering claims. The time starts counting from the accident date, and you cannot get compensation once it elapses.
Can I Increase My Pain and Suffering Compensation By Hiring a Lawyer?
A lawyer increases your chances of getting the maximum compensation. This is because lawyers know how these cases work and have the skills and experience to get you what you deserve.
The Cochran Firm in Philadelphia Can Help You Get Compensation for Pain and Suffering
At The Cochran Firm, we understand the intensity of the pain and suffering caused by car accident injuries. Therefore, we will use our experience and legal knowledge to fight for your rights and get you the compensation you deserve.
Call 800-969-4400 to schedule a free case review with our car accident attorneys today.