Scranton courts put a price tag on pain and suffering by asking a jury to evaluate non-economic damages, such as physical pain, emotional distress, and loss of life’s pleasures, and assign a fair monetary value based on the evidence presented.
This process is subjective and involves no simple calculator or formula, making the way evidence is presented a critical factor in the total amount recovered.
Calculating pain and suffering damages in Pennsylvania is one of the most challenging aspects of a personal injury claim because it attempts to compensate for human experiences that have no clear market value.
After a serious accident, the physical injuries are just one part of the story. The daily pain, the missed family events, the inability to enjoy hobbies, and the mental anguish are very real losses.
A Scranton personal injury lawyer from The Slocum Firm works to translate these deeply personal losses into a compelling legal argument, ensuring a jury understands the full extent of the harm. Learn how the following legal insights may apply to your case during a free consultation.
Key Takeaways About Pain and Suffering Damages in Pennsylvania
- Valuation is subjective: Unlike medical bills, there is no set formula for calculating non-economic damages. Juries in Lackawanna County are tasked with determining a fair amount based on the evidence of how an injury has impacted a person’s life.
- Proving your loss: A successful claim requires more than just saying you are in pain. Proving pain and suffering in a Pennsylvania personal injury case involves using testimony from you, your family, and medical professionals to paint a detailed picture of your daily struggles and loss of enjoyment of life.
- Evidence is crucial: The strength of your claim for pain and suffering damages in Pennsylvania depends on the quality of your evidence, including medical records detailing the permanence of the injury, personal journals, and witness statements.
- The role of legal counsel: An attorney advocates for you by framing the narrative of your suffering in a way that aligns with Pennsylvania’s jury instructions for civil damages, fighting for a monetary award that reflects the true human cost of the injury.
What Qualifies as “Pain and Suffering”?
While your economic damages cover concrete costs like medical bills and lost wages, pain and suffering damages are meant to compensate for the human impact of the injury. This category is broad and can include several types of harm:
- Physical pain: This is the most straightforward component, encompassing the actual physical discomfort from the injury, whether it’s the sharp pain of a broken bone or the chronic ache of a back injury.
- Emotional distress: A serious accident can cause significant mental and emotional harm. This includes anxiety, depression, fear, insomnia, and post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: Also called loss of life’s pleasures in Pennsylvania, this refers to the inability to enjoy daily activities and hobbies you once loved. If a knee injury from a slip and fall prevents you from skiing at Montage Mountain or playing with your grandchildren, that is a compensable loss.
- Disfigurement: Scarring and disfigurement compensation in Pennsylvania addresses the emotional pain, embarrassment, and humiliation associated with permanent changes to your appearance.
- Loss of consortium: This is a claim made by the spouse of an injured person for the loss of companionship, affection, and intimacy resulting from the injury.
An insurance adjuster may try to downplay these losses, but a lawyer knows how to document and argue for their full value.
How is Pain and Suffering Calculated in a PA Lawsuit?
There is no magic formula or online calculator that can accurately determine the value of pain and suffering.
Insurance companies sometimes use a “multiplier method,” where they take the total economic damages (medical bills and lost wages) and multiply them by a number between 1.5 and 5. The more severe and permanent the injury, the higher the multiplier.
However, the pain and suffering multiplier method in PA is just an internal tool for insurers. It is not binding in court. In a courtroom at the Lackawanna County Courthouse, a jury may not necessarily calculate a price tag for pain and suffering using only the multiplier method.
Instead, they may be instructed by the court to also use their judgment, experience, and common sense to arrive at a fair and reasonable number.
This is where a lawyer’s skill becomes invaluable. They present evidence in a way that helps the jury understand the depth of the suffering, with strong evidence that may include:
- “Day in the life” videos: A short documentary showing your daily struggles, such as difficulty with personal care or inability to perform household chores.
- Witness testimony: Friends, family, and coworkers can testify about the changes they have seen in you since the accident.
- Expert testimony: A vocational expert might explain how a disability impacts your future earning capacity, while a psychologist can discuss the emotional distress.
The goal is to move the jury beyond numbers on a page and help them empathize with your experience. A higher jury verdict for pain and suffering in Scranton often stems from a powerful, well-supported story.
What Factors Influence the Value of Pain and Suffering in a Personal Injury Settlement?
Insurance adjusters and lawyers consider these settlement value factors in Scranton when negotiating a case:
- The severity of the injury: A catastrophic injury like a spinal cord injury will naturally command a higher value than a sprained ankle. The permanence of the injury is a massive factor.
- The credibility of the plaintiff: A jury is more likely to award significant damages to someone they find honest and believable. Exaggerating your symptoms can backfire and damage your credibility.
- The definitiveness of medical evidence: Clear diagnostic tests, like MRIs showing a herniated disc or X-rays showing a fracture, provide objective proof of an injury. Vague complaints with little medical support are harder to prove.
- The consistency of treatment: Following your doctor’s orders and attending all appointments demonstrates that you are taking your injury seriously. The defense can use gaps in treatment to argue the injury was not severe.
- The at-fault party’s conduct: Juries may award more serious damages if the defendant’s actions were particularly reckless, such as in a drunk driving accident.
A personal injury attorney assesses all these factors to develop a realistic valuation for your claim and a strategy for negotiating the most favorable outcome possible under your specific circumstances.
Can You Claim Pain and Suffering in a Workers’ Compensation Case?
It is a common question, but the answer in Pennsylvania is generally no. The workers’ compensation system is a no-fault system that provides benefits for medical treatment and lost wages. In exchange for these guaranteed benefits, an employee gives up the right to sue their employer for pain and suffering.
However, an exception exists in “third-party” claims. If your on-the-job injury was caused by the negligence of someone other than your employer or a coworker, you might have a personal injury claim against that third party.
For example, if a defective piece of equipment injured you, you could potentially sue the manufacturer. In that third-party lawsuit, you can claim the full range of damages, including pain and suffering.
How To Document Pain and Suffering for a Personal Injury Lawsuit in PA
Because pain and suffering are intangible, creating a clear picture of these losses requires thoughtful documentation. While a personal injury lawyer will guide the process, there are steps you can take to provide valuable evidence that supports your claim:
- Maintain a daily journal: Record your pain levels, difficulties with everyday tasks, missed events, and emotional challenges. A consistent, detailed journal can help illustrate how the injury has impacted your life.
- Photograph your recovery: Capture visible injuries, scarring, or disfigurement as they heal. Images of you using crutches, braces, or other medical devices can also highlight the physical toll of the injury.
- Collect witness information: Identify people who have observed the changes in your life, such as a neighbor who now helps with yard work or a friend who drives you to appointments. Their perspective can add depth to your case.
- Follow your treatment plan: Consistently attending medical appointments and adhering to prescribed treatments creates a reliable medical record that reinforces your claims of pain and impairment.
These steps provide the foundation for a lawyer to build a compelling argument for non-economic damages. By documenting your experiences, you help create a narrative that reflects the full impact of your injuries.
The Role of a Jury in Deciding Your Award
If your case goes to trial, twelve ordinary citizens from your community will be responsible for putting a price on your pain. The jury instructions for civil damages in PA give them broad discretion.
The judge will tell them to consider factors such as the nature and extent of the injuries, past and future pain, inconvenience, and the loss of the ability to enjoy life’s pleasures. This process highlights the importance of connecting with the jury on a human level.
A lawyer’s job is not just to present facts but to tell a story that resonates. They must show the jury how a single moment of negligence created a ripple effect of suffering throughout your life.
The final award reflects how well that story was told and supported. While no amount of money can undo the harm, a fair verdict provides a sense of justice and the financial resources needed to move forward.
FAQs About Pain and Suffering Damages in Pennsylvania Personal Injury Cases
Is there a cap on pain and suffering damages in Pennsylvania personal injury cases?
In most personal injury cases, Pennsylvania does not impose a cap on pain and suffering damages. However, exceptions apply to government entities, where damages may be limited by law. A lawyer can review the specifics of your case to determine if any caps apply.
Who pays for non-economic damages in a personal injury lawsuit?
Non-economic damages, such as pain and suffering, are typically paid by the at-fault party’s insurance company as part of the settlement or judgment. If the at-fault party is uninsured or underinsured, your own insurance policy may provide coverage through uninsured/underinsured motorist provisions.
How often does a personal injury case go to trial?
Many personal injury cases are resolved through settlements before reaching trial. Trials are less common but may occur if the parties cannot agree on a fair settlement. Legal professionals work to negotiate favorable outcomes while preparing for trial if necessary.
Don’t Let an Insurer Devalue Your Suffering
An accident can change your life in ways that are hard to quantify. Insurance companies are quick to pay hospital bills but reluctant to acknowledge the human cost of an injury. They may try to tell you that your pain isn’t real or that your suffering isn’t worth much.
At The Slocum Firm, PC, we believe that your pain and suffering are real, and they have value. We know how to gather the evidence and present the arguments needed to show a judge and jury the true impact of an injury on your life. We fight to ensure the price tag they put on your suffering is fair.
Are you worried about how to get fair compensation for your pain and suffering caused by someone else’s negligent or reckless actions? Contact The Slocum Firm, PC for a free, no-obligation consultation to discuss your legal rights and options with our experienced Scranton personal injury attorneys.
Legal Insights Into PA Personal Injury Cases
Our attorneys have curated these resources to provide insights for those considering or pursuing a personal injury claim in Northeastern Pennsylvania. For personalized legal guidance, contact our firm directly.
