Posted June 30, 2016 | Personal Injury
Car accidents, slip and fall injuries, and dangerous products can all leave you with out of work and with medical debt. While it may be relatively easy for you to prove certain expenses in a case, such as medical expenses, it can be more difficult to prove things like pain and suffering. However, pain and suffering is a recognized type of compensation and a type of payment that you may be entitled to.
When it comes to compensating a person for an injury of any sort the laws whole goal is to place the person they would have been in had the injury not occurred. The common law provides that any injured victim be entitled to receive compensation for pain and suffering when his injuries are the result of the willful or negligent actions of another or were caused by the defective condition of products, machinery, or equipment. Pain and suffering goes beyond just physical pain but also includes mental pain and anguish. Generally, pain and suffering damages are reserved for those cases where the injury is “serious” 75 Pa. Cons. Stat. Ann. § 1702 has defined “serious injury” as “ personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” Pain and suffering can generally be broken down into two categories:
If you are considering whether or not to include a pain and suffering claim in your lawsuit you should first begin to collect documents that will prove that you have pain and suffering. This can be a good exercise for both you and your attorney as it will allow you to see the impact of the injury and the effects it has had on your life. Pain and suffering claims can be hard to prove in court, therefore, it is important to provide as much documentation as you can, such as the following:
There are many outcomes after you have been involved in any sort of accident that may qualify you for pain and suffering compensation. Typically, these types of damages are considered “noneconomic loss” and cover things such as:
The Wieand Law Firm has a track record of successfully representing clients injured all types of personal injury cases. Founding attorney, Brent Wieand, has been selected as a Pennsylvania Super Lawyers “Rising Star” for the years 2013, 2014, 2015 and 2016.
For a free and friendly no obligation consultation, call Brent Wieand, an experienced Philadelphia personal injury lawyer that works on a contingency fee at (888) 789-3161.