Understanding the Damages Available to Accident Victims in Pennsylvania

If you were injured in a vehicle collision, slip-and-fall or any other type of accident in Pennsylvania, you may be entitled to financial compensation for your accident-related losses. These losses can take many forms, and they can begin to add up very quickly. As a result, it is important to ensure that you have a clear understanding of your legal rights; and, if you have a personal injury claim, you will want to hire an accident lawyer to seek just compensation on your behalf as soon as possible.

The losses you are entitled to recover in a personal injury case are referred to as your “damages.” Damages can be both financial and non-financial in nature. But, financial compensation is the best our legal system has to offer. So, regardless of the effects of your accident, the focus of your personal injury claim will be on securing the maximum damages that are available.

10 Types of Damages in Pennsylvania Personal Injury Cases

What damages can you recover after a serious accident in Pennsylvania? Here are 10 types of damages that are available in Pennsylvania personal injury cases:

1. Medical Costs

For most accident victims, their medical costs are top of mind. Even if you have health insurance, your copays and other out-of-pocket medical expenses could get very expensive. If you have a personal injury claim, your claim for damages can (and should) include not only your medical expenses to date, but also the medical expenses that you are likely to incur in the future.

2. Other Out-of-Pocket Costs

Along with your medical expenses, if you have a personal injury claim, your accident lawyer can help you seek damages for your other out-of-pocket costs as well. This includes everything from the cost to repair (or replace) your vehicle or damaged personal items to the cost of transportation and necessary non-medical services. For example, if you are no longer able to clean your house or mow your lawn as a result of your injuries, you may be entitled to compensation for the cost of hiring someone to do these things for you.

3. Lost Income and Benefits

The damages available in Pennsylvania personal injury cases also include just compensation for accident victims’ lost income and benefits. Whether you are unable to work for days, weeks or months, if an accident that wasn’t your fault prevents you from working, you should be able to recover your lost earnings. With this in mind, your employment records are one of several forms of documentation you should try to collect to help your lawyer assert your legal rights effectively.

4. Lost Future Earning Capacity

In addition to recovering your lost income and benefits to date, if you have a personal injury claim in Pennsylvania, you can also seek damages for your lost future earning capacity. This is true for as long as your injuries prevent you from working—or limit the types of jobs you can do. If you will never be able to work again, your accident lawyer will be able to seek damages for your lost earning capacity through your anticipated date of retirement.

5. Pain and Suffering

Beyond direct financial losses, serious accidents can cause significant non-financial losses as well. These losses include pain and suffering. Pain and suffering describe the physical effects of experiencing, recovering from and living with serious traumatic injuries. Here, too, the damages you are entitled to recover include not only just compensation for your losses to date, but also your losses in the future—even if you will suffer from chronic pain for the rest of your life.

6. Emotional Trauma

While pain and suffering refer to the physical effects of traumatic injuries, emotional trauma refers to an injury’s psychological effects. Many accident victims experience not only post-traumatic stress, but also other psychological effects such as anxiety, depression, embarrassment and fear. These are also losses for which financial compensation is available under Pennsylvania law, and an experienced accident lawyer will be able to help ensure that you are seeking the full compensation you deserve.

7. Scarring and Disfigurement

If your injuries from the accident caused permanent scarring or disfigurement, these are also non-financial losses for which you can—and should—seek just compensation. This is true whether your scarring or disfigurement resulted from the accident itself or from a necessary surgical procedure. Many people struggle with having their physical appearance permanently altered; and, for many, their scars serve as a daily reminder of the physical and emotional trauma they have endured.

8. Loss of Consortium, Companionship, Society, Services and Support

The physical and emotional effects of suffering traumatic injuries in an accident can impact nearly all aspects of an accident victim’s life. This includes the accident victim’s relationships with friends and family. If you are no longer able to enjoy spending time with your friends or colleagues, if you find it difficult to spend meaningful time with your children, or if you are no longer able to be intimate with your spouse, these are losses for which damages may be available as well.

9. Loss of Enjoyment of Life

Pennsylvania law also allows accident victims to recover damages for their loss of enjoyment of life. Beyond everything we’ve discussed above, if your injuries negatively impact your life in any other way, these are additional non-financial losses for which your Pennsylvania accident lawyer can help you seek to recover compensatory damages.

10. Punitive Damages

In addition to compensatory damages, punitive damages are available in some Pennsylvania personal injury cases as well. If the person or company that is responsible for your injuries disregarded obvious and substantial risks before your accident, your Pennsylvania accident lawyer may be able to help you secure damages above and beyond those necessary to compensate you for your financial and non-financial losses.

Discuss Your Claim with a Pennsylvania Accident Lawyer for Free

Were you seriously injured in an accident in Pennsylvania? If so, we encourage you to contact us for a free, no-obligation consultation about your legal rights. To speak with an experienced Pennsylvania accident lawyer about your legal rights, call 888-777-7098 or request a free consultation online now.