Can You Sue for Pain & Suffering in PA?

If you’ve been harmed because of someone else’s negligence, you may have grounds to file a personal injury claim against that person or entity. As part of your personal injury lawsuit, you can seek compensation for the pain and suffering you experience due to your injuries. However, quantifying pain and suffering can get tricky – it’s not as straightforward as tallying up the out-of-pocket expenses you had because of the incident.

What is Pain and Suffering?

Pain and suffering refers to the physical pain of your injuries and the psychological impact of the accident on your life and mental health. It’s a fairly broad term, though, and can be harder to prove than the tangible losses you suffered.

That being said, Pennsylvania law does permit persons intentionally harmed by another party or those who suffered harm through another party’s negligence to demand money for the pain and suffering the at-fault party caused.

How Much is My Pain and Suffering Worth?

Figuring out the exact dollar amount to demand for pain and suffering can get tricky. Many experienced personal injury attorneys have a fairly good grasp on how much to ask for, depending on the circumstances of the case and the extent of the victim’s physical injuries. There are a few variables that your Pennsylvania personal injury attorney may consider when quantifying your pain and suffering:

  • How long it takes you to recover from your injuries – You may require painful physical therapy or have complications that necessitate surgery. A longer recovery time usually means you’re in pain longer.
  • How severe the pain is – The pain from injuries can vary in severity depending on the type of injury. For example, if you were hit by a semi-truck, then you could have disabling injuries that are extremely painful.
  • What type of medical treatment you need – Invasive medical procedures can cause additional pain.
  • Whether your injury is permanent – If you’re permanently disabled or have chronic pain, you could be eligible for a higher amount of compensation.
  • What kind of impact has your physical injury had on your overall quality of life – Do you have permanent disabilities, scarring, or other disfigurement? If so, your overall quality of life and your ability to enjoy your life may be significantly compromised.

Proving Pain and Suffering in a Pennsylvania Personal Injury Case

It’s not enough for your lawyer to simply tell a judge, “My client is in a lot of pain.” Your attorney must demonstrate that the accident caused the painful injury and that you’re suffering because of it.

You may wish to keep a post-accident journal, noting your pain levels each day and how your injuries are preventing you from working, going to school, or contributing to your family. You could also note what kind of activities you can no longer perform because of your pain and changed physical abilities.

Do You Need Help Collecting Pain and Suffering Compensation?

Getting the compensation you deserve for pain and suffering may be easier with the help of an experienced Pennsylvania personal injury lawyer. Contact Ainsman Levine, LLC, today to learn more in a free consultation.