What is ‘Pain and Suffering’ and What Losses Are Eligible for Compensation in a Personal Injury Case?
A skilled team of attorneys providing legal counsel to injured victims in Bucks County and Northeast Philadelphia, Pennsylvania
“Pain and suffering” is a legal term for a host of substantial physical or emotional injuries that one may suffer in an accident and the key component of many personal injury claims or lawsuits. This term also includes challenges or hardships suffered due to the injury in question and the effects that injury has had on the injured accident victim’s life. If a victim dies as a result of a personal injury accident due to someone else’s negligence, the family can file a wrongful death which includes loss of consortium.
If you were injured because of the negligent or careless actions of another, you might be owed damages: economic damages, for quantifiable losses you suffered, and non-economic damages, for pain and suffering. Although you may be vulnerable during this difficult time, an experienced team of personal injury attorneys can tackle the legal battle ahead and place you on a favorable road to recovery. In most cases, you can seek compensation from that person’s insurance company by filing what’s known as a third-party claim.
If you or a loved one has questions regarding an injury claim, contact us online or call our office today for a free and confidential consultation with a member of our qualified legal team at Kamensky, Cohen & Riechelson (KCR).
Two Types of Pain and Suffering in PA: Physical Pain & Emotional/Mental Pain
Physical Pain and Suffering: are the result of the actual physical injuries and include pain and discomfort the victim has endured to date as a result of another party’s negligence, as well as future detrimental effects and chronic pain they are likely to suffer for weeks, months or years.
Common traumatic injuries or medical conditions in Pennsylvania that may qualify for pain and suffering compensation include:
- Brain injuries
- Spinal cord injuries
- Back and neck injuries
- Amputations/losses of limbs
- Scarring and disfigurement
- Eye injuries (i.e., auto accidents or welding hazards and liability)
- Knee injuries (i.e., slip and fall accidents)
In the most tragic of instances, a traumatic injury can result in death. In these cases, the loved ones of the deceased may have grounds to file a wrongful death lawsuit on their behalf. If you have lost a loved one due to someone else’s negligence, contact the law offices of Kamensky, Cohen & Riechelson. Our lawyers are prepared to help you seek justice.
Emotional/Mental Pain and Suffering: are the negative emotions an accident victim may suffer as a result of the physical pain and trauma and are a by-product of the bodily injuries (i.e., mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock). Although more severe cases can result in post-traumatic stress disorder (PTSD), other significant forms of emotional pain and suffering can include anger, worry, depression, loss of appetite, lack of energy, sexual dysfunction, insomnia, mood swings, and cognitive changes following a traumatic brain injury.
Pennsylvania state law dictates that damages may also be awarded for aversion from others due to disfigurement or disability, social problems, and more.
It is important to note that the aforementioned cases are subject to a statute of limitations, after which the legal avenues available to you are no longer viable. Considering the time-sensitive nature of your claim, it is advisable to seek legal assistance as soon as possible. At KCR, our early investigative teams are immediately deployed to gather evidence as we begin to construct a compelling case on your behalf.
What is Loss of Consortium?
Loss of consortium in the kind of pain and suffering experienced by family members following the death of their loved one. In circumstances where an injury accident (i.e., car accident, construction accident, medical malpractice, etc) results in the death of a loved one, their family may file a wrongful death claim to hold the negligent person accountable for their actions, as well as receive compensation for medical bills, lost wages of the deceased, and also for loss of consortium.
The financial compensation resulting from the list of activities that a deceased or injured spouse can no longer perform can be very long and the economic value of these services can be significant. They may include loss of:
- Parental guidance
- Spousal intimacy
- Love and affection
- Household services (i.e., yard work, maintenance, cooking, cleaning)
How Can I Prove Pain and Suffering in Bensalem, PA?
In order to establish physical or emotional pain and suffering, documentation and evidence must be provided to support your claim for compensation. The more evidence you have or that your attorney has collected, the more the insurance company, trial judge, or jury can see how much you have been impacted by the accident. This evidence gathering can include:
- Doctor’s records
- Medical evidence
- Personal diaries documenting your pain
- Physical therapist records
- Mental health professional’s notes
Contact our Bensalem PA Personal Injury Attorneys to Discuss Your Case
We know that nothing will return your life to exactly what it was before an injury accident. Nevertheless, we are steadfast in our dedication to recovering the compensation that you deserve, assisting you through this trying time while positioning you for a more secure future. At Kamensky, Cohen & Riechelson, our lawyers are passionate about advocating for innocent victims and their families. Our seasoned legal advocates have served those injured in Pennsylvania for over four decades and are committed to providing personalized service and zealous advocacy for each and every client who walks through our doors. With millions of dollars in settlements and countless satisfied clients behind us, we have earned the trust of those we serve.
Contact us anytime online or at our Bensalem offices at (215) 337-4915, to schedule a free confidential consultation to discuss your unique situation with a member of our highly skilled personal injury team. An honest and thorough case evaluation is your first step toward obtaining a desirable outcome.