It’s no surprise that a victim of a car accident can bring legal action to recover financial damages such as medical bills and property damage. If you have been involved in a car accident, you likely already know firsthand that there are some damages that are far more difficult to quantify. Whereas it’s relatively simple to narrow down the costs of medical bills and repair or replacement of a vehicle, physical and mental injuries are far more difficult to quantify. Nevertheless, a person who has been involved in a car accident may be able to recover financial compensation for these injuries.
Calculating Pain and Suffering in a Pennsylvania Car Accident
In contrast to compensation for medical bills, lost income, and property damage, pain and suffering damages are considered “non-economic damages,” meaning that they are not meant to make a person financially whole after an accident. Compensation for pain and suffering vary widely from case to case, as these damages are widely dependent on the individual circumstances of each injured party’s case. This means that two individuals who were injured in the same car accident can be awarded different amounts of compensation for pain and suffering, as their responses to these injuries can be wholly different from each other.
Because it’s impossible to put a dollar figure on the physical and mental injuries that a person sustained after a car accident, several factors are sued in determining how much a person should be awarded for pain and suffering.
Factors commonly used to calculate pain and suffering damages can include:
- What kind of injuries the victim sustained;
- The severity of the injuries, and whether the injuries are permanent;
- How much these injuries interfere with a person’s daily way of life, and whether the victim is still able to perform basic daily activities essential to living;
- The age of the accident victim;
- The long-lasting impact of a victim’s injuries on his or her outlook on life;
- The emotional trauma that the accident and resulting injuries have caused; and
- Whether it is possible for the victim to recover from his or her injuries.
Factors Impacting a Jury Award for Noneconomic Damages
When determining an award for noneconomic damages in Pennsylvania, a jury will be instructed to take into account the following factors:
- Pain and suffering;
- Loss of the ability to enjoy life;
- Embarrassment and/or humiliation; and
When calculating an award for noneconomic damages, it’s important to make a determination based on how these factors have already impacted an accident victim’s life, along with how they will affect the victim’s future way of living.
Injured in a Car Accident? We’re Standing by to Assist
If you have been involved in a car accident in Philadelphia or a surrounding area of Pennsylvania, the best step that you can take is to contact a seasoned personal injury attorney who knows the ins and outs of a car accident case. To speak with a member of our legal team about your accident, fill out an online case evaluation form or call (800) 529-6162 today.
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