It is devastating to be the victim of a personal injury accident. In addition to mounting medical bills and expenses, you may also be facing a lengthy recovery and a change in your lifestyle. If you were injured in an accident, you may be considering filing a claim for personal injury.
In Pennsylvania, as a victim of personal injury, you may be eligible for a range of different types of compensatory damages. The law provides compensation to victims of personal injury for the ways in which their lives have changed as a result of the injury. You may be awarded multiple types of damages to cover your physical, emotional, and financial needs.
In this article, we will discuss the various types of compensatory damages available to Pennsylvania residents. The goal of the law is to put you back in the same situation as before your serious injury. Since every case is based on your specific circumstances, it is best that you contact an experienced PA personal injury lawyer such as Brandon J. Broderick today so that you can get a better idea of what options you have moving forward.
Types of Compensatory Damages Available in Pennsylvania
Your PA personal injury claim may allow you to recover a variety of compensatory damages. Economic damages (also known as special compensatory damages), non-economic damages (general compensatory damages), and punitive damages are all possible.
Economic Damages
Economic Damages Are Direct, Measurable Expenses. Some individuals may also refer to these losses as "special damages." This refers to a loss or expense directly attributable to your accident or injuries. These damages are the most straightforward to quantify because they are tied to a real, quantifiable loss. For instance, medical expenses frequently constitute a significant portion of economic damages. You can add up all of your medical expenses to prove your losses.
Economic damages vary greatly from case to case because they are based on the actual losses incurred by the personal injury claimant.
Examples of typical economic damages include:
- The cost to repair or replace your vehicle or other property
- Transportation expenses associated with doctor visits
- Costs of ambulance transportation
- Hospital bills
- Emergency room bills
- Expenses for continuing medical care
- Prescription medication costs
- Costs for assistive devices like a cane or crutches
- Lost wages
- Lost earning capacity
It is advisable to have an attorney review your claim to ensure that all relevant damages are included in your demand. Our attorneys routinely handle these types of claims and are familiar with the possible types of damages involved in your case. Contact us today for a free consultation. We are ready and able to help you move forward.
Non-Economic Damages
Non-Economic damages. Occasionally, these are referred to as "general" damages. They are not directly related to a specific loss, so they are more difficult to quantify. 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 enjoyment of life
- Disfigurement
When these damages are included in a claim and supported by evidence, juries are expected to award them "fairly and adequately." The jury is instructed to consider the following factors when determining a fair amount of compensation for the plaintiff:
- Age of the plaintiff
- The severity of the injuries
- How long the injuries are expected to last
- How the injuries may impact the plaintiff’s activities of daily living
- How long medical treatment will last and the nature of this treatment
- How long and severe the physical pain and mental anguish have lasted and are likely to last
- Health and physical condition of the plaintiff prior to the accident
- The nature of disfigurement and how it may impact the plaintiff
Punitive Damages
Punitive damages are the final category of damages in Pennsylvania personal injury claims. Punitive damages, unlike economic and non-economic damages, are not intended to compensate the victim. Instead, they are intended to serve as a punishment in cases involving particularly egregious behavior and as a deterrent against future similar conduct.
Punitive damages are reserved only for "intentional, willful, or reckless conduct" cases. They are only awarded if the plaintiff proves that the defendant's conduct was sufficiently "outrageous" to warrant this type of award. Therefore, in order to receive punitive damages, you must demonstrate that the conduct was neither merely negligent nor grossly negligent. Instead, you must demonstrate the defendant's reckless disregard for your health and safety and the health and safety of others.
How are Damages in PA Personal Injury Case Calculated?
Your lawyer will calculate a settlement demand based on your economic losses and a number of other factors as part of your personal injury lawsuit. Your attorney will help you establish the validity of your claim and the amount of compensation you are asking for. Once a claim or lawsuit has been filed, the defendant may reject your claim in its entirety or make a settlement offer, which may initiate the negotiation process.
Contact Brandon J. Broderick if you Require Financial Compensation for your PA Accident Injuries
Serious injuries can dramatically impact your quality of life. You will not only require physical healing but also mental and emotional recovery.
If you cannot work or connect with your loved ones, you deserve compensation. We can assist you in obtaining the various types of compensatory damages you require.
Contact Brandon J. Broderick, Attorney at Law, for a free consultation to discuss the types of compensatory damages available to you if you have been injured due to someone else's negligence. With our track record of success in personal injury settlements and our dedication to client care, we can help you recover from your setback.