At The Pearce Law Firm, our dedicated team includes Edith Pearce, an experienced Philadelphia pain and suffering lawyer who brings a unique perspective to personal injury cases. Before founding her own firm, Edith spent years working for a major auto insurance company, where she defended accident claims. Now, she uses her insider knowledge of how insurance companies operate to help clients pursue the maximum compensation in their pain and suffering lawsuits arising from car accident and injury cases.
Whether you’re dealing with ongoing physical pain, emotional trauma, or a reduced quality of life, a pain and suffering lawyer from our team in Philadelphia, PA is always available to ensure your story is heard and your non-economic damages are properly valued.
What Is Pain And Suffering in Pennsylvania?
When you’ve been injured in an accident, the physical wounds sustained may heal over time, but the emotional trauma, stress, and long-term lifestyle changes can persist. A pain and suffering lawyer is a professional who helps accident victims recover compensation for the non-economic damages they’ve suffered. Non-economic damages refer to losses that cannot be assigned a specific dollar value, such as:
- Mental anguish
- Loss of enjoyment of life
- Anxiety
- Depression
- Ongoing pain that affects daily living
- Post Traumatic Stress Disorder (PTSD)
These types of damages are often the most challenging to calculate and prove in a personal injury lawsuit. Our pain and suffering calculator for car accidents is a useful guide, but having an experienced advocate in any lawsuit related to pain and suffering is essential.
Can You Sue For Pain And Suffering In PA?
Victims who have sustained injuries can often sue for pain and suffering in a wide range of personal injury cases. These non-economic damages are intended to compensate for the emotional distress, chronic pain, trauma, and disruptions to life that go beyond the value of medical bills or lost wages. A skilled Philadelphia pain and suffering lawyer at The Pearce Law Firm can help evaluate how these damages apply to your specific case, as we want to make sure you don’t settle for less than you deserve. Some of the most common personal injury cases that include pain and suffering damages include:
- Car Accidents – Car accidents often result in more than just physical injuries. They can lead to emotional trauma, anxiety, and chronic pain that lasts long after the crash, even in seemingly minor accidents. A lawsuit for pain and suffering after being injured in a car accident can help address these long-term effects and hold negligent drivers accountable.
- Slip and Fall Accidents – Falls can cause lasting injuries like back pain, traumatic brain injuries, or joint damage. Many slip and fall injuries can significantly impact your daily routine and quality of life. Pain and suffering damages are important in these kinds of cases, as victims often struggle with both physical limitations and emotional stress.
- Bicycle Accidents – Cyclists have little protection when struck by a vehicle, and these accidents often result in serious injuries and mental anguish. A pain and suffering lawyer near you in Philadelphia can help demonstrate how the accident disrupted your life, from the physical recovery process to the pain and suffering you have or continue to experience.
- Construction Accidents – Construction sites are inherently dangerous, and accidents can leave workers with long-term pain, disabilities, and PTSD. When a third party is responsible for causing a construction accident, a lawsuit for pain and suffering can help injured workers recover damages. Worker’s compensation does not cover pain and suffering when they compensate an employee after being injured at work. A pain and suffering lawyer can help.
- Bus Accidents – Whether you’re a passenger, pedestrian, or in another vehicle, bus accidents can cause significant emotional and physical harm, and in severe cases death. These cases can be complex, but suing for pain and suffering helps make sure you’re compensated for the lasting impact on your health and peace of mind, as many of these accidents result in long-term disabilities and lasting mental impacts.
- Truck Accidents – Collisions involving large commercial vehicles often result in catastrophic injuries, emotional trauma, and prolonged recovery periods. A pain and suffering lawyer can help victims manage these complex cases and pursue a lawsuit for pain and suffering that reflects the true extent of how the physical and emotional toll of the injuries they sustained.
What Is The Cap On A Pain And Suffering Lawsuit In PA?
While you may be entitled to seek compensation for pain and suffering in a personal injury case, it’s important to understand that Pennsylvania state law does place certain caps and restrictions depending on who you’re filing the claim against. These caps on compensation can affect how much you receive in a Philadelphia personal injury settlement or court award, especially in cases involving government entities or claims for punitive damages.
In Pennsylvania, damage claims for past or future pain and suffering are generally more straightforward than other types of non-economic damages like emotional distress or loss of enjoyment of life. However, caps that limit compensation in specific cases may reduce the amount you can recover.
- Commonwealth Of Pennsylvania – If you are filing a personal injury lawsuit against the Commonwealth of Pennsylvania (such as a state agency), there will be a cap on the amount of compensation you receive in a personal injury lawsuit. The law under Title 42 § 8528 limits total damages to $250,000 per individual claim against a state agency and $1 million per occurrence, regardless of how many victims are involved. This applies to state law enforcement agencies and state-funded public transportation services.
- Local Government Agency – If your claim is against a local government agency, such as a city or county office, your compensation is capped at $500,000 total, no matter how severe the injuries are. This includes local law enforcement agencies.
- Punitive Damages – Punitive damages, which are meant to punish the defendant for especially reckless or intentional conduct, and send a message to the public, are also capped. Under 40 Pa. Stat. § 1303.505, punitive damages cannot exceed two times the amount of your compensatory damages (which includes things like medical bills and pain and suffering). Therefore, if your medical bills and pain and suffering amount to $100,000, you can only receive up to $200,000 in punitive damages.
Because of these legal limitations on obtaining compensation in certain situations, it’s important to work with an experienced Philadelphia pain and suffering lawyer near you who understands how to maximize your claim while also having extensive knowledge of Pennsylvania’s laws.
Contact Philadelphia Pain & Suffering Lawyers Near You in Pennsylvania
Call us 24/7 at (215) 557-8686 or email us to schedule a 100% free consultation. Whether you’re pursuing a lawsuit for pain and suffering against a private party or a government entity, the pain and suffering lawyers at The Pearce Law Firm can guide you through every step and fight for the compensation you deserve.
