Parties injured in an accident may collect damages from those at fault. The purpose of awarding damages in a personal injury case is to “make the plaintiff whole” after the occurrence of the injury. While it is not always possible to make the plaintiff whole, as well as difficult to place a dollar amount on non-economic losses like pain and suffering , the goal is to restore the injured party to the position the party was in before being harmed and had the injury not occurred. Powell Law can help injured parties receive the compensation to which they are entitled. Here is a short primer on damages in a personal injury case:
Compensatory damages are those damages which attempt to make a plaintiff whole by restoring him to the position he was in had the injury not occurred. Incidental expenses which arise from the defendant’s actions are also recoverable. These may include costs related to specialized treatment or increased household expenses due to necessary special considerations for the injured. There is no dollar cap on compensatory damages in Pennsylvania.
Necessary past and future medical expenses may be recovered. In addition to diagnostic tests, treatment, and medication, these may include physical therapy, rehabilitation and hospital stays. Cases resulting in permanent disability will usually result in long-term medical care, which is, of course, costly.
Lost Wages/Lost Earning Capacity.
Lost income in the form of lost wages may be recovered. Future income loss as a result of injury or disability is also recoverable.
Physical pain and suffering/Disfigurement
Although hard to quantify and prove, damages for past and future physical pain and suffering may be recovered. Also, damages for permanent disfigurement may be recovered regardless of whether corrective surgery is available to the injured party.
Severe mental distress resulting from the accident may be recovered. Pennsylvania does not require the emotional distress to be so severe that physical symptoms manifest.
Loss of Consortium
A spouse may bring a claim for loss of companionship, services, and sexual relationship.
Any costs to replace or repair property damaged as a result of the accident may be recovered.
If you have been injured, contact Powell Law at (570) 961-0777. The consultation is FREE and you don’t pay anything unless we win.