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What is Pain and Suffering?
When talking about damages after a personal injury case, the term “pain and suffering” gets thrown around a lot. You’ve probably heard it in the news and on TV dramas or in movies, usually followed by a big dollar amount. But in reality, pain and suffering is far more than just a legal buzzword or a number on a settlement check. If you are injured, call the attorneys at Scartelli Olszewski P.C. right away.
The Legal Meaning of Pain and Suffering
Pain and suffering, in a legal context, is about the human impact an injury can have on a person that is less immediately definable than the amount of medical bills and lost wages you can accrue from an injury. It includes emotional anguish, anxiety, depression, ongoing physical pain, discomfort, physical limitations, loss of enjoyment, inability to participate in hobbies, relationships, and daily activities and serves as an umbrella term for these harder-to-define aspects.
These damages are the United States legal system’s way of acknowledging that an injury can hurt more than just your finances. It can affect your independence and happiness as well. That is why pain and suffering is such an important part of many personal injury claims. This type of compensation is an attempt to make up, at least in part, for those deeply personal losses that can’t be measured on a bill.
How is Pain and Suffering Calculated in PA?
Each state has its own laws on how to calculate this and Pennsylvania is no different. It can be incredibly complex, with insurance companies having their own formulas and, if it goes to trial, your compensation may be decided in court by a jury. Pennsylvania has no strict formula, and there is no “cap” on what can be awarded for pain and suffering. This means a judge or jury is free to evaluate the extent of the losses and award a sum of money they believe is fair. While no dollar amount can truly compensate for lost mobility, emotional trauma, or the inability to enjoy life as before, the law allows injured individuals to seek financial recovery for these losses.
If you’ve been hurt in an accident, understanding how pain and suffering is calculated can help you better navigate your claim and protect your rights. An experienced personal injury attorney can evaluate your case, build the evidence needed to support your claim, and fight to secure the compensation you deserve.
