Pain and Suffering After a Car Accident
Pain and suffering damages may be available after a Pennsylvania car accident, but the right to recover non-economic damages can depend on the circumstances and the automobile insurance choices that apply.
Pennsylvania drivers generally select between full tort and limited tort options, subject to statutory rules and exceptions. Full tort generally preserves broader rights to seek non-economic damages after an accident. Limited tort can restrict recovery for pain and suffering unless an exception applies or the injury meets the applicable legal standard.
Pennsylvania Tort Options
Pain and suffering is broader than the amount of a medical bill. It can include physical pain and the effect an injury has on normal activities and quality of life. The seriousness, duration and permanence of the injury are important considerations.
Evidence can include medical records, diagnostic findings, treatment history and testimony describing how the injury affected work, sleep, mobility, family responsibilities, hobbies and everyday routines. Consistency between the medical evidence and the claimed limitations is important.
Proving Pain and Suffering
There is no universal formula that automatically converts medical expenses into a pain and suffering figure. Insurers and lawyers assess the evidence, legal restrictions, comparative fault and the likely view of a judge or jury.
If you are unsure whether limited tort affects your claim, have the applicable insurance policies reviewed. A Pennsylvania car accident lawyer can determine which tort option applies, whether an exception may be relevant and what evidence supports a claim for non-economic damages. The availability and value of pain and suffering compensation always depend on the individual facts.