How Much Compensation Can You Recover For Pain And Suffering After A Car Accident In Pennsylvania?
Car crashes are among the leading causes of serious injuries in our region. The Pennsylvania Department of Transportation reports that approximately 61,000 people were injured in motor vehicle collisions in the Commonwealth in 2020 alone. Following a serious crash, you need compensation to pay medical bills and cover other damages.
You may be wondering: Am I able to get compensation for pain and suffering after an automobile accident in Pennsylvania? The answer is “yes”—but only in certain circumstances. Here, our Philadelphia car accident lawyer explains the key things to understand about your right to seek compensation for pain and suffering after a traffic collision in Pennsylvania.
Background: Pennsylvania No-Fault Car Accident State (Exception for Serious Crash)
As a starting point, it is important to know that Pennsylvania is one of a minority of American jurisdictions that has a no-fault law for car accident claims. Your initial claim after a car crash in Pennsylvania is through your own insurer—regardless of fault.
However, you can step outside of the state’s no-fault system and sue the responsible party if you were seriously injured in a crash. As a general rule, compensation for pain and suffering can only be recovered in fault-based claims. No-fault car accident claims are usually limited to economic damages, such as medical bills and lost wages.
Injured Victims Can Seek Compensation for Pain and Suffering in Fault-Based Claim
Were you seriously injured in a car crash caused by a negligent party in Southeast Pennsylvania? You have the right to seek compensation for the full extent of your damages, including for non-economic harm such as pain and suffering. Broadly defined, pain and suffering is a term used to describe both the physical pain and emotional suffering a person endured in a crash.
No Fixed Standard for Pain and Suffering Damages in Pennsylvania
How much financial compensation can you recover for pain and suffering after a serious car accident in Pennsylvania? The answer depends entirely on the unique circumstances of the case. In Pennsylvania, there is no fixed legal standard used to calculate pain and suffering damages.
Instead, a jury in a civil car accident claim is advised to use its good judgment to determine the extent of an injured victim’s pain and suffering based on the totality of the circumstance. As a general rule, juries look towards the actual economic damages—medical bills and lost wages—as a basis for determining pain and suffering.
An attorney can help you put together a strong and well-supported case to prove the full extent of the pain and suffering that you endured so that you can maximize your financial compensation after a serious car accident.
Contact Our Philadelphia, PA Auto Accident Attorney Today
At Ellenberg Law Group, our Philadelphia car accident lawyer is an experienced and justice-focused advocate for injured victims and their families. If you are seeking financial support for pain and suffering after a crash, we can help. Contact our law firm today for a no cost, no obligation initial consultation. From our law office in Philadelphia, we represent car accident victims throughout Southeastern Pennsylvania, including in West Chester and King of Prussia.
Source:
penndot.pa.gov/TravelInPA/Safety/Documents/2020_CFB_linked.pdf
