Car accident survivors often face emotional distress on top of physical injuries and car repairs. While medical bills and property damage are tangible losses that can be easily documented, pain and suffering represent less tangible harm. Many individuals wonder if they can receive compensation for these non-economic damages.
The simple answer is yes—Pennsylvania law does allow accident survivors to pursue compensation for pain and suffering. However, the process involves specific legal requirements and considerations.
What Qualifies as Pain And Suffering?
Pain and suffering involve physical discomfort and emotional distress resulting from an accident. This includes physical pain from injuries, mental anguish, anxiety and stress, depression, loss of enjoyment of life, sleep disturbances, and emotional trauma.
Unlike medical bills that come with exact dollar amounts, pain and suffering damages are subjective and more difficult to quantify.
How Is Pain and Suffering Calculated In Pennsylvania?
There is no set formula for calculating pain and suffering in Pennsylvania. Insurance companies and courts typically use one of two methods:
- The multiplier method takes economic damages (medical bills, lost wages) and multiplies them by a number between 1.5 and five.
- The per diem method assigns a daily dollar amount to your suffering and multiplies it by the number of days you experience pain.
Factors that influence the value include:
- Severity of injuries
- Length of recovery
- Impact on daily activities
- Permanence of injuries
- Presence of scarring or disfigurement
- Documented psychological impact
Does Pennsylvania Law Limit Pain And Suffering Claims?
Pennsylvania operates under a choice, no-fault insurance system. When you purchase auto insurance in PA, you choose either full tort coverage or limited tort coverage. Full tort coverage allows you to sue for pain and suffering without restrictions. Limited tort coverage restricts your right to sue for pain and suffering unless you sustain a “serious injury.”
If you selected limited tort coverage, you must demonstrate that your injury meets the legal threshold of “serious” – generally defined as an injury resulting in death, serious impairment of body function, or permanent serious disfigurement.
What Evidence Do I Need To Support My Claim?
Documenting pain and suffering requires thorough evidence:
- Medical records that detail your injuries, treatments, and prognosis serve as the foundation of your claim.
- Regular medical visits establish a record of ongoing issues.
- A pain journal where you document daily pain levels, limitations, and emotional state provides personal context to your suffering.
- Testimony from family members, friends, or colleagues who can attest to how the accident has changed your life adds credibility.
- Photographs of injuries, especially those showing visible harm or changes over time, create visual evidence.
- Mental health records if you sought therapy or counseling for accident-related emotional distress demonstrate psychological impact.
How Long Do I Have to File a Pain And Suffering Claim?
In Pennsylvania, the statute of limitations for personal injury claims, including those for pain and suffering, is two years from the date of the accident. Filing after this deadline typically results in the dismissal of your case, regardless of its merit.
Exceptions exist in rare circumstances, such as when injuries were not immediately discoverable, but these situations are uncommon.
Can I Still Recover Damages if I Was Partially At Fault?
Pennsylvania follows a modified comparative negligence rule. This means you can recover damages as long as you were not more than 50% responsible for the accident. Your compensation will be reduced by your percentage of fault. For example, if you are found 20 percent at fault for the accident and awarded $100,000, you would receive $80,000.
Let Our Experienced Chester County Car Accident Lawyers at Eckell Sparks Fight to Protect Your Rights
If you are suffering physical and emotional trauma after a motor vehicle crash, contact Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. Our Chester County car accident lawyers can evaluate your case, gather necessary evidence, and advocate aggressively on your behalf. For more information, call 610-565-3701 or complete our online form. Located in Media and West Chester, Pennsylvania, we serve clients in Delaware County, Chester County, and Montgomery County.