Commonly referred to as “Pain and Suffering,” compensation for losses which are not to be measured dollar-for-dollar are required to be paid by a person determined to be responsible for an accident.  Although subject to criticism by lobbyists for insurance companies, awards for “pain and suffering” damages are required to be awarded to attempt to make victims of accidents whole for their injuries.

Victims of accidents are entitled to be reimbursed for any monies needed for past and future medical expenses, lost wages and out-of-pocket expenses.  This reimbursement is known as Economic Damages.

But, as we all know, injuries result in real human losses above and beyond monies needed to reimburse for Economic Damages.  Injuries cause physical pain, emotional upset, stress, aggravation, physical disability, reduction of activity level and even disfigurement.  Unfortunately, we cannot turn back the clock and erase the negative consequences of an accident.  That being the case, the law requires a full and fair monetary award to make up for these losses.  The purpose of a pain and suffering award is to balance out or make up for the harm caused.

In Pennsylvania, the following types of Non-Economic “pain and suffering” Damages are recoverable:

• Pain and Suffering:  physical pain, mental anguish, discomfort, inconvenience and distress
• Embarrassment and Humiliation
• Loss of Enjoyment of Life:  loss of ability to enjoy the pleasures of life
• Disfigurement

In considering the amount of the award for the Non-Economic Damages, the jury is to consider (1) the age of the injured party; (2) the severity of the injury; (3) whether the injuries are temporary or permanent; (4) the extent to which the injuries affect the ability of the injured person to perform daily life activities; (5) the type and duration of medical treatment; (6) the extent of physical pain and mental anguish; and (7) the health and condition of the injured person prior to the accident.

Tim is a graduate of Widener University School of Law (J.D.) and the Temple University Beasley School of Law (Master’s Degree in Trial Advocacy). Tim focuses his practice in Personal Injury law, including car, truck, motorcycle, bicycle and pedestrian accidents, slip and falls, dangerous products/products liability cases and medical malpractice. Tim is a partner in the Chester County, PA, law firm of MacElree Harvey and has offices in Kennett Square and West Chester, PA, and Centreville, DE. Tim is the author of numerous publications on Personal Injury law and writes a Blog providing news and information on Personal Injury law at www.macelree.com/traynelaw and is a columnist for The Kennett Paper writing a column titled “Legal Lines.” Tim has also published two books on Personal Injury law:  “A Lawyer’s Guide to Purchasing Car Insurance” and “A Lawyer’s Guide to Personal Injury Cases.”  In 2007, Tim was named by Main Line Today as one of the area’s Top Personal Injury Litigators. In addition, Tim is a member of the Million Dollar Advocates Forum which recognizes the “Top Trial Lawyers in America,” with membership limited to attorneys who have won million dollar awards and settlements on behalf of their clients.
Tim can be reached by phone at 610-840-0124 or by email at trayne@macelree.com.

This entry was posted on Monday, March 9th, 2009 at 1:23 pm and is filed under Legal Damages. You can subscribe via RSS 2.0 feed to this post's comments. You can comment below, or link to this permanent URL from your own site. Your comments will appear immediately, but I reserve the right to delete innapropriate comments.