The most important thing that people who have been hurt want is to have the accident never happened. Unfortunately, there is no time machine that can go back and restore the situation to the way it was before the injury. In order to compensate for this, the society must find another way to restore the victim to their former state or at least as close to it as possible. In the legal realm, damages are the way to go.
What are the Financial Options for Recovery?
The amount of damages that an injured party may receive depends on several factors. Different parties can achieve different outcomes with the same facts and circumstances. This could be through simple discussions, legal settlements or filing a suit. Parties, circumstances and even the chosen court can have a significant impact on the outcome. It is for this reason that the assistance of a personal injury lawyer with experience and a reputable law firm is so important.
Calculating Damages in Pennsylvania
Pennsylvania law, like other states, has categories of damages for personal injury claims that have been proven. If the parties cannot reach a settlement, they must use the legal system and court to get damages. A settlement is more likely to result in a quicker outcome for the victim, and it could also reduce the cost of the case for the responsible party. It can also be too low, resulting in the victim not receiving a compensation that is commensurate to the amount of loss, or the cost being too high. The responsible party could even go bankrupt. A balance, along with limits set by state law, is important.
The outcome of a case is also impossible to predict by attorneys. Based on their experience, their knowledge of the state’s law and courts, as well as the circumstances surrounding the injury, an attorney can estimate the strength of a claim and how to best push for it. This experience and skill is often the difference between a successful recovery and none at all.
The following categories are covered by state law:
- Medical expenses – costs for hospitalization, ER costs, physical therapy and follow-up care, prescription drugs, medical equipment and temporary equipment requirements, doctor’s fees and transport to and from the hospital are eligible. The victim’s health insurance may cover some of these costs. Recovery is based on the amount paid by the victim.
- Medical expenses for now and in the future – if a victim suffers an injury that causes chronic pain, disability, or damage, they can make a claim to cover the costs of future treatment, medical care, and other related needs. The idea is that these costs of long-term care would not have been incurred if the injury had not occurred.
- Loss of income: If a victim was able to work but due to an injury could not, they can recover lost wages. The victim’s lost wages are calculated based on the amount they would have earned if they were able to work and report to their employer. If the victim is still receiving a salary but cannot work, then lost income will not be counted.
- Future income loss: If it can be proved that the injury has effectively reduced the victim’s earning capacity in the future, this can also be recovered. The amount will depend on the attorney’s ability to justify the loss, and what might have happened otherwise. Here, the type of occupation is important. For example, a professional athlete who cannot play for a whole season would suffer a severe loss. A worker in an office who is able to work from a desk, but has to do so using a wheelchair will not be automatically eligible for compensation. However, a salesperson who must travel to meet with people may be able to argue.
- Pennsylvania law recognizes mental health effects that are associated with injuries. These include pain and suffering, anguish or loss of consortium, anxiety, discomfort or emotional distress. This depends on the severity of the injury and its impact on social functioning, as well mental health experts’ confirmation of the impact.
- Punitive damages: If an injury could have been prevented and the responsible party showed a shocking disregard for safety, punitive damage can be used to punish them financially. These damages are usually sought when the responsible party in a case is an organization. However, they can be pursued if the defendant also has adequate coverage.
- Other factors – As mentioned, the severity and age of the victim are important. It is assumed that younger people are better able than older victims, who may be retired. A permanent or temporary injury can also have an impact. Injury that negatively impacts or negates significant life functions is considered more serious. In addition, if permanent injuries are evident, they will also have an impact on the court, particularly if they are visible.
The Right Help – Partnering up
A person who has been injured in Pennsylvania should contact a personal injury lawyer as soon as possible. It is difficult to keep up with all the details and decisions. A person who is experiencing an injury recovery process for the first-time will likely miss many of the important issues. This key decision is often the one that leads to better recovery in every case.
A personal injury lawyer with experience can assist in both navigating the maze-like procedural system of the court and dealing with the merits in the case. They can also help make your best arguments, whether it is in settlement negotiation or before a judge at hearings or a jury during a trial. Do not try to fight the legal system on your own. You should also be represented by an attorney if your claim goes beyond the basic offer.
The article What is the value of my personal injury claim in Williamsport, PA first appeared on Attorney at Law Magazine.