Pain and Suffering Compensation After a Car Crash
Yes, you can claim pain and suffering after a car accident. Pennsylvania’s statute of limitations, 42 Pa.C.S. §5524, gives you two years from the date of your accident to file a personal injury claim. If you do so, the state allows you to seek both:
- Economic damages to cover expenses such as medical and hospital bills and lost income
- Non-economic damages such as compensation for the pain and suffering you’ve experienced as a result of the accident
Pain and suffering damages compensate you for the physical pain, mental and emotional discomfort, and other impacts of your injuries on your quality of life. Your potential recovery will depend on the seriousness, duration, and permanence of your injuries.
Claiming Pain and Suffering Under Full and Limited Tort Coverage
You may be able to claim pain and suffering damages after being injured in a car accident in Pennsylvania, but your right to recover non-economic damages can depend on the facts of your crash and which auto insurance provisions are in place at the time.
Under 75 Pa.C.S.A. §1705, drivers in Pennsylvania have two main insurance coverage options to choose from: full tort and limited tort.
If you have full tort coverage at the time of your accident, you can pursue compensation for pain and suffering, regardless of how severe your injuries are.
However, if you chose limited tort coverage, you’ll only be eligible for damages if your injuries are classified as serious under the state’s definition, or if any statutory exceptions apply to your case.
How to Prove Pain and Suffering
To receive compensation for pain and suffering, you’ll need to prove the full impact of your injuries with evidence that includes:
- Medical diagnostic reports
- Medical, hospital, and therapy treatment records and bills
- Testimonies from medical professionals describing how your injuries have impacted your work, sleep, mobility, family responsibilities, and everyday routines.
Insurers and personal injury lawyers will evaluate these documents, along with comparative fault, legal restrictions, and the likely views of a jury or judge, before determining the potential value of your claim.
An experienced car accident lawyer will also review your insurance coverage, determine whether any exceptions apply, and build a strong claim on your behalf if you are eligible to seek damages.