In negligence and other tort cases, damages are generally defined as the amount of money that is awarded to compensate someone who has been harmed by another’s wrongdoing or negligence.
There are two categories of damages, economic and non-economic. Examples of economic damages include lost wages and medical bills, while non-economic damages include pain and suffering, loss of consortium, and loss of enjoyment. Almost all personal injury claims include some demand for reimbursement for pain and suffering. Because they are non-economic, subjective, and difficult to quantify, damages for pain and suffering are often a hotly contested trial issue.
The term “pain and suffering” in a personal injury case refers to the combination of the physical pain and emotional distress suffered due to an event. It can result from physical pain or some psychological or emotional trauma. There is really no strict formula to determine pain and suffering damages. Because each personal injury case is different, damages for pain and suffering are determined on a case-by-case basis.
An experienced Pennsylvania personal injury lawyer familiar with the factors considered in determining compensation for pain and suffering can make the necessary analysis of an individual’s case and specific injuries to maximize compensation for these non-economic losses. These factors are listed below.
Pain and suffering damages include not only the injuries caused by the accident but those injuries and pain caused by post-accident treatment-related events like surgery and medications. Pain and suffering damages will depend on:
The consideration of all of these factors will clearly yield an accurate portrayal of the effects of the accident, which will ultimately determine any award for pain and suffering.
If you or a loved one has suffered any type of injury resulting from any type of accident, including a motorcycle accident, contact Powell Law at (570) 961-0777 or visit us online. The attorneys and staff of Powell Law carry on the work of a law firm that spans generations and has represented thousands of Pennsylvanians over a period of 112 years. The consultation is free and you don’t pay any fees unless we win your case! Call today.