If you have been hurt by someone else's negligence in Philadelphia, you are likely going to suffer physical pain that you would not have experienced were it not for the other person's conduct. Because the personal injury law in Philadelphia aims to compensate you for all of the losses that you have sustained as a result of the accident, you can be reimbursed for your physical pain in a successful personal injury lawsuit.
However, as a non-economic damage, compensation for your pain is difficult to prove in court. With the help of a personal injury attorney from the Philadelphia law office of Gilman & Bedigian, you can fight for the reimbursement you are entitled to receive.
Your Legal and Non-Economic Damages After an Accident in Philadelphia
After an accident in Philadelphia that you did not cause – regardless of whether it came in the form of medical malpractice, a motor vehicle accident, or something else – you will suffer losses that deserve to be compensated by the person or the people who were ultimately responsible. The amount that you deserve to recover in compensation, in the legal field, is called your legal damages.
Your legal damages are stated in a dollar amount while the losses you have sustained as a result of the accident do not all come in monetary terms. Those that do are called your economic damages and include things like your medical expenses, the cost of repairing or replacing your property damage, and the wages you have lost while you recovered. These losses are already in financial terms and can be determined relatively easily.
However, there are other losses that you have sustained in the accident that you deserve to be compensated for, but which do not already come in a dollar amount. These are your non-economic damages, and include things like your emotional distress, physical pain, loss of life's enjoyments, and mental anguish and suffering. Just because there is no objective measurement for stating your non-economic damages in a financial term, though, does not make you any less entitled to recover it: the only thing that matters is that you suffered at the hands of someone else's mistake or negligence through no fault of your own.
Compensation for Your Pain
One of the key non-economic damages that you have suffered is the physical pain that you have endured as a result of the accident. Because this pain is not something you would have gone through were it not for the other person's culpable conduct, you should be reimbursed for the trauma and the terrible experience you have been put through.
Unfortunately, the physical pain that you feel was not felt by anyone else, including the members of the jury, should your case go to trial. Without having felt your pain, the jury is put in a predicament where they have to state how many dollars your painful experience was worth. Even if they were to be able to experience the pain that you went through, members of the jury would still be left unsure of what you dealt with, as different people feel pain differently: what one person would think of as moderate pain can be intense to someone else.
Worse, different injuries come with different kinds of pain. How can the jury compare the searing pain of a burn injury to the traumatic experience of breaking a femur, much less put a dollar amount on either one?
Finally, it is not only the type and intensity of the pain that can be different – the duration of the pain caused by a particular injury is unique, as well. Comparing the amount of compensation that an accident victim should recover from a broken arm – something quite painful but that returns to almost normal after nearly a year of recovery – with what should reimburse the dull but permanent pain of chronic nerve damage can be impossible.
Proving a Claim for Compensation for Your Pain
Nevertheless, determining how much you deserve in compensation for the physical pain that you have gone through is exactly what the personal injury law in Philadelphia requires the jury to do. The subjectivity of the experience of pain, therefore, makes it essential to have a skilled personal injury lawyer at your side throughout the process. The advocacy skills of a lawyer can help gather, prepare, and present the evidence necessary to show the jury exactly how much pain you have been put through, and therefore how much reimbursement you should receive for your experiences.
Any Painful Experience that Results from the Accident is Recoverable
Importantly, accident victims in Philadelphia are entitled to recover compensation for all of their painful experiences that stem from the accident – not just the pain that they suffered in the accident, itself. This means that you are entitled to the pain that you suffered while, for example, undergoing the physical therapy necessary for you to make a full recovery after breaking a bone or tearing a muscle in the accident. Even though these physical therapy sessions could have happened years after the incident, the pain that they caused is included in your legal damages sustained in the accident because they were proximately caused by the other person's negligence.
Personal Injury Attorneys at the Philadelphia Law Office of Gilman & Bedigian
The personal injury lawyers at the Philadelphia law office of Gilman & Bedigian strive to legally represent accident victims in the city of Philadelphia and the surrounding area. With our legal help and advocacy, accident victims who have suffered terrible injuries and incredible amounts of pain can seek the compensation that they are entitled to receive in a court of law.
Filing a personal injury lawsuit is a serious matter, and holding the negligent party accountable for the consequences of their poor actions is what justice is about. With our attorneys representing your rights and interests both inside the courtroom and outside of it, you can rest assured that everything is being done to recover the reimbursement you deserve. Contact us online to get started on your case.