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Recovering Damages in a Pennsylvania Personal Injury Lawsuit

January 05, 2018

By van der Veen, Hartshorn, Levin & Lindheim

If you or a loved one has been injured due to no fault of your own, you likely have valid personal injury lawsuit. Personal injury claims in Philadelphia are time sensitive, complex matters. You need a trained and experienced attorney to file your claim. You have suffered far more than just physical harm. You have likely accrued substantial medical bills, loss of work, mental anguish, property damage, and possibly permanent disability. You should not have to suffer for an incident that was not caused by you. Our Philadelphia personal injury attorneys will evaluate your personal injury case and get you the damages you deserve.

What Damages Can You Recover

You can recover damages for your injuries, expenses, and suffering. Damages are divided into two categories:

Economic damages are also referred to as actual damages and are awarded for verifiable monetary loss. Examples include:

  • Medical expenses
  • Loss of income
  • Repair and replacement costs for property damage

Non-Economic damages, or general damages, are difficult to assign value and compensate for subjective loss. Damages can be awarded for both past and future:

  • Pain and suffering
  • Humiliation and embarrassment
  • Loss of enjoyment of life pleasures
  • Disfigurement

What Factors Are Considered When Assessing Damages

The court has established guidelines to help assess damages. In determining an award for damages, the following factors are considered:

  • The injured party’s age;
  • Gravity of the injuries;
  • Whether the injuries are short-term or permanent;
  • How the injuries affect the injured party’s ability to perform basic daily tasks of living;
  • The type and duration of medical treatment;
  • The nature and extent of physical pain and mental suffering experienced in the past and future experience;
  • The injured party’s health and physical condition preceding the injuries;
  • Kind of disfigurement and its effects on the injured party.

Is There a Limit to the Amount of Damages That Can be Rewarded?

There are generally no limits on the amount of damages that can be awarded except for cases where the government is being sued for non-economic damages. In lawsuits against the state the maximum award for damages is $250,000. If the defendant is the local government, the plaintiff can recover up to $500,000. Pain and suffering damages will only be awarded if the injury resulted in death or permanent bodily loss or function, permanent disfigurement, or permanent dismemberment if the total medical and dental expenses are more than $1,500.

Schedule a Free Consultation Today

Personal injury claims are emotionally, physically, and mentally draining. You have already suffered enough. Do not continue to suffer in silence. Seek the recovery you deserve and meet with an experienced Philadelphia personal injury attorney today. Your initial consultation is free and The Law Offices ofvan der Veen, Hartshorn, Levin & Lindheim will provide you with the information you need for a successful recovery. We have years of experience handling all types of personal injury lawsuits. Let us use our knowledge and dedication to help you get the damages you are entitled to. Contact our convenient downtown offices at (215) 486-0123 today.


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