In Pennsylvania, How Much Should I Ask for Pain and Suffering From a Car Accident?
How much you should ask for pain and suffering from a car accident depends on the facts of your case, your right to compensation, and the severity of your injuries.
When the car accident lawyers at Berger and Green accept a case, we launch a full investigation that includes identifying and collecting evidence of your full range of damages and putting a value on your pain and suffering. This is the only way to ensure we negotiate a fair settlement or ask the courts for a fair payout in your case.
For a free legal consultation, call (412) 661-1400
What Damages Can I Recover in a Car Accident Case?
Not all car accident victims are eligible for pain and suffering damages after a crash. Pennsylvania has a choice no-fault auto liability system that requires everyone involved in an accident to first turn to their own no-fault insurance coverage for compensation.
If you can prove the other driver caused the accident, you can also file a third-party liability claim based on their insurance policy. This will allow you to collect money for:
- Any remaining care costs;
- Lost wages;
- The cost of repair or replacement of your vehicle;
- Damage to other personal property; and
- Other out-of-pocket costs.
You might also be able to collect money for your pain and suffering. There are three situations where you could qualify for these damages:
- You carry full tort insurance;
- You suffered permanent or disabling injuries; or
- You meet another exception in the state’s auto insurance laws.
We can help you understand if you meet one of these exceptions and explain your right to pain and suffering damages.
How Do I Calculate the Value of My Damages?
Before we can determine how much your pain and suffering damages may be worth, we need to know the full value of your economic damages related to the car accident. This covers almost all of your compensatory damages, aside from your pain and suffering and other emotional losses. It includes the expenses you had, the bills you need to pay, and the financial losses you suffered.
To prove the full value of these losses, we will conduct an investigation into your accident. We will show not only that the other driver acted negligently and is liable for your losses, but we will also uncover all possible evidence of these damages. While the exact evidence varies from case to case, we often collect proof like:
- Medical bills;
- Receipts for prescription drugs;
- Expert testimony on your prognosis and future care needs;
- Documentation of your lost wages;
- Expert testimony about lost earning capacity;
- Medical records and other documentation of your impairments;
- Receipts for out-of-pocket costs; and
- Estimates for repair or replacement of your vehicle.
We handle this type of claim often, so we know where to look for accident-related expenses you might not have considered on your own. Because we may use your economic losses to put a value on your pain and suffering damages, we do not want to overlook anything. That is why we recommend you hold on to any bills or receipts that relate to your crash in any way. Save your receipts for the parking garage at your physical therapist’s office, the rideshare you took to pick up a rental car, and the new phone you bought after your old one broke in the accident.
How Much Can I Recover for My Pain and Suffering?
There are several ways to calculate the value of pain and suffering damages after a car accident. Most insurance companies have computer programs that take numerous factors into account and come up with a value for these losses. Often, that value is lower than the amount our clients deserve.
We can use similar programs to give a range for the value of your non-economic damages, or we can estimate their value based on your total economic losses. Depending on the nature and severity of your injuries, you can expect your pain and suffering damages to exceed your total compensatory damages. In some cases, this compensation can increase the value of your claim exponentially.
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How Can I Talk to a Car Accident Lawyer About Getting Compensation?
At Berger and Green, our car accident attorneys can help you understand the full value of your pain and suffering and will fight for a fair settlement agreement based on our calculations. If we need to litigate your case to try to ensure a full payout, we will not hesitate to file a lawsuit against the at-fault driver.
Call our office today at 412-661-1400 for your free case evaluation.