Sadly, no one has invented a time machine that can turn back the clock and erase the consequences resulting from bad decisions or irresponsible behavior.  That being the case, when bad things happen due to the careless, reckless or intentional acts of others, injured people can turn to the civil legal system for compensation to make up for the losses caused by the accident. 

In a Personal Injury lawsuit there are two major categories of Compensatory Damages - Economic and Non-Economic Damages.  These Damages, if established at trial, are to be awarded to an injured party to make up for the harm caused by the defendant.

 

 

Economic Damages

Economic Damages are losses that can be specifically quantified in monetary terms.  That is, you can easily measure them in dollars.  Economic Damages include past and future lost wages, fringe benefits, medical bills, funeral and burial expenses, and incidental expenses (like costs for help around the house or modifying a home or care to make it handicap accessible).  Personal Injury trial experts, including doctors, vocational specialists and economists, will often testify concerning the amount of Economic Damages that an injured personal has and will suffer.

 

Non-Economic Damages

Non-Economic Damages are damages that cannot be quantified by presenting evidence of specific dollars needed to compensate for losses.  Instead, Non-Economic Damages are less tangible losses incurred by the injured party.  Under Pennsylvania law, the following are compensable Non-Economic Damages:

 

Pain and Suffering.  Compensation for all past and future physical pain, mental anguish, discomfort, inconvenience and distress;

Embarrassment and Humiliation.  Compensation for past and future distress caused by physical or mental disabilities caused by injuries;

Disfigurement.  Compensation for having to live with scarring or other visible injuries; and

Loss of Enjoyment of Life.  Compensation for the loss of the ability to engage in and enjoy pre-accident activities.

The purpose of a damage award in a Personal Injury case is not to make an injured party rich.  A lawsuit is not the lottery.  Rather, the purpose of the damage award is to fairly and adequately compensate the injured party for all losses caused by the accident, present and future, Economic and Non-Economic.  Pennsylvania law requires the monetary award to make up for what the injured party has lost — no more and no less.

Tim Rayne, Esquire - MacElree Harvey, Ltd. 211 E. State Street, Kennett Square, PA 19348   (610) 840-0124   trayne@macelree.com

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