Can You Sue for Pain and Suffering in Pennsylvania?

In Pennsylvania, those injured by the negligent acts of others can sue for pain and suffering. Furthermore, the family members of someone who died as a result of another party’s negligent acts can sue for pain and suffering, as well.

Personal injury and wrongful death lawsuits in Pennsylvania allow victims and their families to seek compensation for the harm they’ve suffered. This compensation can cover quantifiable losses, like medical bills and lost wages, as well as more subjective ones, like pain and suffering.

Non-Economic Damages in Personal Injury Claims

231 Pa. Code § 223.3 provides instructions on non-economic damages in personal injury and wrongful death cases for jurors. The law explicitly defines the following four types of non-economic damages:

• Pain and suffering
• Embarrassment and humiliation
• Loss of ability to enjoy the pleasures of life
• Disfigurement

The rule defines pain and suffering as “physical pain, mental anguish, discomfort, inconvenience, and distress” that the victim endured or will endure due to the injury. All non-economic damages apply to both past and future non-economic losses, which is important for calculating compensation.

Calculating Pain and Suffering Compensation

How does one put a price on pain and suffering? After all, these subjective experiences don’t come with receipts that a jury can review. There’s no medical bill that states your pain and suffering are worth a specific amount of compensation.

That’s why the jury’s instructions provide additional information on what the jurors should consider when determining compensation. Jurors should consider:

• The age of the victim
• The severity of the victim’s injuries
• Whether the injuries are permanent or temporary
• The extent to which the injuries impede the victim’s ability to perform everyday tasks and other activities they previously performed
• The duration and type of medical treatments the victim underwent and will undergo in the future
• The duration and extent of pain and suffering the victim experienced and will experience in the future
• The victim’s health and physical condition before the injury
• In cases of disfigurement, the type of disfigurement and its impact on the victim

The Role of Age in Calculations

Age is one of the most critical factors in calculating compensation because the court instructs jurors to consider future pain and suffering. If someone suffers permanent, debilitating injuries as a teenager, they may have to go through another 70 years of pain and suffering.

However, this doesn’t mean that older injury victims will always receive less compensation. The amount varies case by case. For example, temporary injuries may be worth more if the victim is older because they have less time to recover and return to participating in activities they enjoy.

Personal Injury Attorney Serving Pennsylvania

Did someone else’s negligent actions cause your injuries? Stine & Associates, P.C.’s personal injury attorneys are here to help you seek the compensation you deserve. Whether you’re seeking compensation for medical costs, pain and suffering, or anything in between, give our team a call for a free consultation about your case.