Understanding Monetary Damages Under Pennsylvania Law
November 9, 2022
Understanding Monetary Damages Under Pennsylvania Law
Lawsuits are complicated and time-consuming, and there are several steps a plaintiff in (city,) Pennsylvania, must go through to see the process from start to end. In this post, we’ll go over different types of monetary damages under Pennsylvania law and how you can get started building your case.
Personal Injury Monetary Damages In Pennsylvania
The three main types of damages available in personal injury cases in (county,) Pennsylvania are:
Economic damages - As the name suggests, these types of damages reward money to a plaintiff in a personal injury case. These are the most straightforward to calculate and pursue. For example, economic damages can be paid out to cover all past, present, and future expenses related to a personal injury case, including:
- Ambulance transportation
- Surgeries
- Medical tests
- Prescriptions
- Doctor’s appointments
- Physical therapy
- Hospital bills
- Medical equipment
- Lost wages from time required off work due to injury
Non-economic damages - Non-economic or general compensatory damages are a bit more complex to calculate. However, they are just as important to victims as any other type of damage. These are damages that can’t be fixed or replaced with money. But money does help make up for what the victim has to go through in terms of pain and suffering. Under Pennsylvania law, examples of what you can be compensated for under non-economic damages include:
- Depression and emotional distress
- Anxiety
- Physical pain and suffering
- Loss of enjoyment for life and activities you used to love
- Loss of companionship
- Permanent disfigurement
Punitive damages - Punitive damages are intended to punish the defendant and discourage them from similar actions in the future by placing a large financial hardship on the defendant. For example, a plaintiff may be awarded $50,000 in a medical malpractice lawsuit, and the judge may choose to add on four times this amount in punitive damages. Examples of times when a Pennsylvania judge may add on punitive damages include cases where:
- A dog owner willfully let their dog attack a child.
- A pharmaceutical company willingly distributed expired medication.
- A surgeon acted intentionally and recklessly during a botched operation.
Wrongful Death Monetary Damages In Pennsylvania
Under Pennsylvania law, wrongful death lawsuits are a way that family members can be compensated for suffering resulting from the wrongful death of a loved one. The following types of damages are often awarded in these cases:
- Funeral expenses
- Financial support that the victim would have continued to the family
- Loss of the victim’s guidance, comfort, and companionship
- Loss of love and affection for the victim’s spouse
In Pennsylvania, only parents, children, and spouses can recover wrongful death damages.
Survival Action Monetary Damages In Pennsylvania
A survival action allows the family of the deceased to file a lawsuit on their behalf for personal injury damages that they could have recovered if they were still alive. These damages are calculated from the victim’s injury until the time of their death and include money for:
- Medical expenses related to the injury sustained
- Lost wages from the time of injury until the time of death
- Pain and suffering caused by the injury
- Emotional distress caused by the injury
Special Compensatory Damages In Pennsylvania
You can also recover damages for special circumstances in Pennsylvania, such as if your property was damaged in the accident and for additional expenses you incurred as a result of your injuries. For example, if your injury has rendered you unable to drive, you may be able to get your taxi trips covered. Or, if you have been unable to care for your children since your accident, you may be able to get the cost of a babysitter or nanny covered.
Damage Caps For Personal Injury Cases
Some states, including Pennsylvania, impose damage caps on the amount of monetary damages you can seek in certain cases. These restrictions serve to help the economy by preventing large entities, like hospitals and government agencies, from going bankrupt from lawsuits.
Pennsylvania law only imposes damage caps in the following instances:
- Personal injury cases against the state - Pennsylvania Statute § 8553 places a $250,000 limit on damages that plaintiffs can recover against Pennsylvania government agencies and a $500,000 limit on damages that plaintiffs can recover in personal injury claims against local governments.
- Medical malpractice - Pennsylvania plaintiffs can’t recover punitive damages beyond 200% of awarded compensatory damages.
- Limited tort insurance vs. full tort car insurance - Pennsylvania abides by a “choice no-fault” insurance system and requires drivers to choose between limited tort and full tort insurance. Drivers with limited tort insurance may be blocked from filing lawsuits and can’t recover pain and suffering monetary damages. But drivers with full tort insurance can file a lawsuit to recover full compensation after a car accident. So, it’s important to choose between limited tort and full tort car insurance wisely. PA drivers are required to at least carry car insurance that covers up to $15,000 in damages per person and $30,000 to all people who are hurt in a car accident. What’s more, Pennsylvanians are required to obtain $5,000 of first-party medical benefits to cover the policyholder’s medical bills related to any injuries sustained in an accident.
Time Limits To Recover Monetary Damages In Pennsylvania
If you wait too long to file a personal injury claim in Pennsylvania, you will lose your chance to recover monetary damages.
Under Pennsylvania law, plaintiffs generally have two years from the time of injury to file a personal injury or wrongful death lawsuit. There are some exceptions, though, particularly for cases that involve minors or in medical malpractice cases in which an injury went unnoticed for a period of time.
We Can Help
If you need help recovering monetary damages in a personal injury lawsuit, we’re here to help. Our team of attorneys will guide you through the entire process to help you get the compensation you deserve. Contact us today to learn more. We look forward to helping you get the compensation you are entitled to.
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