Damages After a Car Accident
You may be able to recover both economic and non-economic damages after an accident in Pennsylvania, including reasonable medical expenses, lost wages, property damage, and potentially human effects such as pain and suffering.
Damages compensate an injured person for losses directly caused by an accident and related injuries. The types of damages available to you will depend on the nature of your accident and injuries, as well as any applicable insurance provisions and state laws, including the two-year filing deadline under 42 Pa.C.S. §5524.
Economic and Non-Economic Damages
When you file a personal injury claim, you can pursue two main classes of damages: economic and non-economic.
Economic damages are the measurable financial losses caused by an incident, including:
- Medical, hospital, and rehabilitation expenses
- Lost wages and reduced earning capacity
- Damage to personal property
- Out-of-pocket expenses, including home modifications, assistive devices, and medical-related travel expenses.
Future losses, including future medical care costs, are also included in this category. You may need detailed medical and vocational evidence to prove that your treatments, care needs, and work restrictions will continue.
Non-economic damages address the non-financial human effects of accidents and injuries. These damages can include:
- Pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Humiliation, disfigurement, and disruptions to daily life.
If you pursue non-economic damages, documents such as medical records and testimonies showing how your injuries have impacted your everyday life will be important sources of proof.
Documenting Accident Losses
The value of the damages available in your case can be affected by various complex factors. Under 42 Pa. C.S. §7102, comparative negligence laws may reduce your compensation in proportion to your percentage of fault in your accident. Insurance limits, tort limitations, and liability can also affect your settlement’s value.
Keeping accurate records from the start can help your lawyer to build the strongest case possible. Retain all of your medical bills, wage statements, receipts, photographic and video evidence, repair estimates, and copies of correspondence with insurers.
A knowledgeable personal injury lawyer will evaluate this evidence, identify which categories of damages you’re eligible for, and accurately value your financial and personal losses to ensure that you’re fairly compensated after your accident.