Your Guide to Damages in Pennsylvania Personal Injury Claims

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Know the difference between economic and non-economic damages

The purpose of damages in a personal injury case is to compensate the plaintiff for losses caused by the defendant's negligent or wrongful actions. 

While no amount of money can truly restore a person to their pre-accident state, understanding the different types of damages available in Pennsylvania can help ensure that all of your financial needs are addressed after an injury.

Compensatory damages in Pennsylvania

Compensatory damages (sometimes called “actual damages”) are intended to reimburse the plaintiff for the losses they suffered due to their injury. These damages are divided into two main categories: economic and non-economic damages.

What are economic damages?

Economic damages (sometimes called “special damages”) are the tangible losses that can be calculated based on specific monetary amounts. These damages are objectively verifiable, meaning they can be proven by showing something like a medical bill or an estimate from an auto mechanic.

In a Pennsylvania personal injury case, economic damages might include:

• Medical expenses: Medical expenses include everything from doctor visits to therapy. Pennsylvania allows plaintiffs to recover past medical expenses (the medical expenses incurred at the time the lawsuit was filed) as well as future medical expenses (the medical expenses caused by the accident that the plaintiff reasonably expects to incur over the course of their life).
• Lost income: Lost income refers to the income you lost due to your injury, including time taken off work to recover, and future lost earning potential if the injury affects the ability to work. 
• Property damage: You’re entitled to recover the costs of fixing or replacing any property damaged in your accident. The most common example is the cost of repairing or replacing your vehicle after a car accident.
• Other out-of-pocket expenses: Other costs directly related to the injury, such as transportation to medical appointments, home care, and necessary modifications to a home or vehicle.

Consider the following hypothetical, which illustrates some of the economic damages that a person might incur in an accident:

What are non-economic damages?

Non-economic damages (sometimes called “general damages”) are the intangible losses that don’t have a specific dollar amount but can significantly impact a plaintiff’s quality of life. 

In Pennsylvania, non-economic damages may include:

• Pain and suffering: Compensation for the physical pain and discomfort caused by an accident. Physical pain is subjective and difficult to prove. As a result, insurance companies, judges, and juries have to rely on a number of factors when attempting to determine how to compensate you for your pain and suffering. These factors include the type of injury, the type of medication prescribed, the length of recovery, and the permanence of the injury.
• Emotional distress: Accidents don’t just cause physical pain; they almost always take some emotional toll. Similar to pain and suffering, emotional distress is difficult to quantify. Medical records of therapy sessions and witness statements from friends can help support a claim for emotional distress. 
• Loss of consortium: Loss of consortium refers to the loss or reduction of the intangible benefits of a relationship. If a loved one has been in an accident and, as a result of the accident, has lost the ability to provide you with the love, affection, and companionship you’re used to, you can recover damages for these losses.

Consider the following hypothetical, which illustrates some of the non-economic damages that a person might incur in an accident:

Punitive damages in Pennsylvania

Punitive damages are not intended to compensate the plaintiff but rather to punish the defendant for particularly egregious behavior and to deter similar conduct in the future. 

In Pennsylvania, punitive damages are awarded only in cases where the defendant's actions were especially reckless, malicious, or intentional. These damages are relatively rare and are only granted when the court finds clear and convincing evidence that the defendant acted with a "conscious disregard" for the safety of others.

Damage caps in Pennsylvania

Pennsylvania does not impose a general cap on compensatory damages in personal injury cases, allowing plaintiffs to recover the full amount of their economic and non-economic losses. However, different rules apply to punitive damages and claims against government entities.

• Punitive damages: While there is no general cap on punitive damages outside of medical malpractice cases, courts review these awards to ensure they are not excessive or grossly disproportionate to compensatory damages, considering factors such as the severity of the defendant’s conduct and the ratio of punitive to compensatory damages.
  
  In medical malpractice cases, the MCARE Act suggests that punitive damages should not exceed 200 percent of the compensatory damages awarded. However, this is not a strict cap. The Pennsylvania Supreme Court in The Bert Co. v. Turk clarified that the 200 percent figure is a guideline, not a mandatory limit. Courts may award more if the circumstances justify it.
• Claims against government entities: For claims against state or local government entities, Pennsylvania law caps damages at $250,000 per incident or $1 million in total, regardless of the type of damages.

Understanding the effect of comparative fault on your damage award

Pennsylvania follows a modified comparative fault rule, which means that if you are partially at fault for the accident, your damages may be reduced proportionally. If you are found to be 51 percent or more responsible for the injury, you are barred from recovering ANY damages. 

For example, if you are awarded $100,000 in damages but are found to be 30 percent at fault, your award will be reduced by 30 percent, resulting in a final recovery of $70,000.

Factors that contribute to your damage award

Determining the amount of damages you may be awarded in a Pennsylvania personal injury case is challenging because so many factors can influence the outcome. These factors include:

• Availability of evidence: Strong evidence, such as medical records, expert testimony, and witness statements, can support a higher damage award by clearly demonstrating the extent of your injuries and losses.
• Insurance policy limits: In some cases, the amount you can recover may be limited by the defendant's insurance coverage.
• Jurisdictional differences: Local rules and jury tendencies can also impact the amount of damages awarded, as different jurisdictions may have varying standards and attitudes.
• Likeability: Jurors are human and may be influenced by the perceived likeability of the parties or their attorneys, which can affect their decision-making.

While it is impossible to predict the exact outcome of your case, an experienced personal injury attorney can help estimate its value and ensure you pursue the full amount of damages you deserve without settling for less.