When Can You File a Claim for Pain and Suffering in Pennsylvania?

Suffering serious injuries in an accident can have both financial and non-financial consequences. While dealing with the financial consequences is most people’s first priority—and understandably so—the non-financial consequences of serious injuries can ultimately have the greatest effects long-term. Learn what you need to know about seeking compensation for the non-financial consequences of a serious accident (including pain and suffering) from an experienced Easton personal injury lawyer:

If You Have a Personal Injury Claim, You Can Seek Compensation for Your Pain and Suffering

Seeking financial compensation for a serious accident in Pennsylvania involves filing a personal injury claim. While it isn’t possible to file a personal injury claim in all cases, if you were injured in an accident that you believe was (or may have been) someone else’s fault, it will be worth talking to an Easton personal injury lawyer about your legal rights.

In Pennsylvania, if you have a personal injury claim, you can seek compensation for all of your financial and non-financial losses resulting from the accident. This includes your present and future pain and suffering. An experienced Easton personal injury lawyer will be able to determine what constitutes “just” compensation for your pain and suffering, and then your lawyer will be able to fight for just compensation on your behalf.

Common Personal Injury Claims in Pennsylvania

Numerous types of accidents can potentially justify personal injury claims under Pennsylvania law. Some examples of common personal injury claims in Pennsylvania include:

• Car, pickup truck, SUV and motorcycle accident claims
• Commercial truck accident claims
• Pedestrian, bicycle, and scooter accident claims
• Slip-and-fall and trip-and-fall accident claims involving hazardous property conditions
• Slip-and-fall accident claims involving snow and ice
• Claims involving dangerous and defective products
• Claims involving dog bites and other animal attacks

To determine if you have a personal injury claim, you will need to hire a lawyer to investigate your accident—and you should do this as soon as possible. Some types of evidence can disappear quickly; and, if you can’t prove that you have a personal injury claim, you won’t be able to recover the financial compensation you deserve.

Documenting Your Pain and Suffering

Along with documenting the cause of the accident, if you have a personal injury claim, you will also need to document your pain and suffering. Some examples of the types of documentation that can be used to prove pain and suffering after a serious accident include:

• Medical Records – You should do your best to keep all of your medical records related to the diagnosis and treatment of your accident-related injuries.
• Mental Health Care Records – You should also do your best to keep your records for any mental health care you receive after your accident.
• Prescriptions – If you receive prescriptions for pain medications, SSRIs or any other medications from any of your doctors, you should be sure to keep copies of your prescriptions as well.
• Photos or Videos – As you do your best to navigate the recovery process, you should try to take photos or videos to document your injuries and their day-to-day effects.
• A Daily Journal or Log – Along with taking photos or videos, you should also try to get into the habit of keeping a daily journal or log where you write down your pain levels and your injuries’ other impacts on your life.

If you move forward with filing a personal injury claim, your lawyer will be able to assist with gathering various other forms of documentation as well. For example, your lawyer may recommend that you see a doctor who has specific expertise in the field of diagnosing the long-term effects of serious traumatic injuries. This doctor will be able to prepare an expert report detailing the day-to-day and long-term effects of your trauma, and will be able to testify in your personal injury case if necessary.

Determining “Just” Compensation for Your Pain and Suffering

Traumatic injuries impact different people in different ways. If you have a personal injury claim, the damages you are entitled to recover are unique to you. While this is true with regard to all aspects of your claim, it is especially true regarding your pain and suffering.

In other words, what constitutes “just” compensation for your pain and suffering depends on how your injuries impact your life. How severe are your pain and suffering? Have your pain and suffering negatively impacted your relationships with your spouse, children, friends or other loved ones? How long do your doctors expect you to experience pain and suffering in the future? These are just a few examples of numerous questions that require careful consideration.

Once you hire an Eason personal injury lawyer to represent you, your lawyer will be able to assess the value of your personal injury claim, and then you can decide whether it is worth taking legal action.

One Key Exception: If You Opted for “Limited Tort” Coverage Under Your Auto Insurance Policy

While accident victims who have personal injury claims can seek financial compensation for their pain and suffering in most cases, there is one key exception: If you have an auto accident claim and you opted for “limited tort” coverage under your auto insurance policy, you may be limited to seeking coverage for your out-of-pocket losses.

But, even if you have “limited tort” coverage, you can still seek full compensation for your financial and non-financial losses in many cases. This includes (but is not limited to) cases involving “serious injuries.” With this in mind, regardless of the circumstances at hand, if you have questions about seeking compensation for your pain and suffering, you should consult with an experienced Easton personal injury lawyer to ensure that you are making informed decisions.

Discuss Your Claim with an Experienced Easton Personal Injury Lawyer for Free

Do you need to speak with an experienced Easton personal injury lawyer about your legal rights? If so, we invite you to get in touch. To arrange a free consultation with a lawyer at Drake, Hileman & Davis, PC as soon as possible, please call 888-777-7098 or tell us how we can help online today.