This form is a sample separate answer filed by the defendant in a personal injury claim.
Pennsylvania Separate Answer - Personal Injury Accident
State:
Multi-State
Control #:
US-PI-0133
Format:
Word;
Rich Text
Instant download
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How to fill out Separate Answer - Personal Injury Accident?
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FAQ
In many cases, pain and suffering damages can be equal to the economic damages you endured or significantly larger. Pennsylvania law does not limit the pain and suffering damages available to car accident victims who qualify to pursue them.
Pennsylvania has laws in place to protect victims of negligence. Under these laws, an injury victim has the right to pursue compensation for compensatory, punitive, and nominal damages. These may include medical expenses, property damage, time away from work, emotional pain and suffering, and acts of gross negligence.
It includes conditions such as anxiety disorders, depression, post-traumatic stress disorder (PTSD), personality disorders, psychosis, and various other mental illnesses. Mental damage can impact a person's thoughts, emotions, behavior, perception, and overall mental well-being.
Damages Caps & Limitations in PA Pennsylvania law states under Title 42 § 8528 that there is a maximum amount of $1 million per claim and $250,000 per occurrence one filing a personal injury lawsuit against the Commonwealth of Pennsylvania government.
In Pennsylvania, there is a two-year statute of limitations on personal injury lawsuits and wrongful death claims. If you fail to bring a lawsuit within the two-year limit, your case likely will be dismissed and you won't have another opportunity to recover damages for accidents and injuries.
Statutes of limitations have other exceptions. Minors, for example, can sue up to two years after their 18th birthdays. A medical malpractice case involving birth injury, then, can have a statute of limitations for up to 20 years.
The law allows a person to sue for money damages including medical bills, lost wages, pain and suffering, loss of ordinary pleasures of life and disfigurement. To succeed in court, the injured party must prove that the wrongdoer was negligent or at fault.
If you've been physically injured and you wish to sue for pain and suffering, you must be able to demonstrate the following elements as part of your case: You were owed a duty of care by the person whose actions caused your pain and suffering.