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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.
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.
Investigation Many times this investigation will consist of: Visiting the scene of the accident to take pictures. Obtaining any accident or incident reports regarding the event that forms the basis of your claim. Identifying all possible parties at fault and setting up claims with their insurance carriers.
Find a lawyer to defend you if you're sued. Usually, the lawyers who the insurance company hires are highly experienced, highly capable lawyers who represent insurance companies and their insureds in Pennsylvania car accident cases all the time. Pay all of the lawyer's fees and costs.
Personal injury compensation awards will be calculated based on the type and seriousness of your injury, and any other losses you have suffered as a result, such as medical bills or if you cannot work.
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.
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.
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.