The Information Resource For Accident Victims In Pennsylvania

What Should I Expect in Terms of Damages for My Personal Injury Case?


What are “damages” in Pennsylvania personal injury case?

To sue for ‘damages’ is to attempt to recover compensation for a loss and/or injury. Economic damages are those that include medical bills, other healthcare costs, as well as lost wages. Non-economic damages can include anything else that may have been lost as a result of the accident. These types of damages are also referred to as “past” damages because they have already occurred by the time your case goes to trial. These non-visible injuries include:

  • pain and suffering
  • anxiety
  • the inability to perform your usual work, social, and recreational activities
  • humiliation,
  • fear
  • physical pain and anguish

There is also a claim for “future” damages. If future expenses are foreseeable as a result of the incident, those ‘damages’ can also be recovered. For example, if it has been reasonably stated by your medical doctor that further treatment will be needed in the future, or that due to your injury you will no longer be able to work, those expected expenses/losses would be included in the ‘damages’ in your case.


What exactly is a Traumatic Brain Injury (TBI)?

Traumatic Brain Injuries are defined as damage done to the tissues of the brain by an external force. Such damage can be the result of a blow to the head (such as can occur during a Pennsylvania car accident or fall down accident) or a violent jostling of the head (for instance, a whiplash injury).
There are two types of traumatic brain injury: An “open” head injury and a “closed” head injury. Open head injuries can be identified by superficial wounds; for example. gashes, bruises, lacerations. Closed head injuries have no external signs; these injuries amount to internal bleeding or a swelling of the brain.
A traumatic brain injury can cause permanent disabilities, so it is necessary to seek a medical evaluation if you have in any way hurt your head.


Is it possible to sue someone for what “might have happened” in a situation?

If you were very nearly harmed due to someone else’s negligence, but ultimately unharmed, you will not be able to file a lawsuit. The law is explicit regarding the pursuance of a personal injury claim. The negligent party must have caused some form of measurable damage. Speculative damages are not recoverable. If you’re still unsure, speak with an attorney.


What does “pecuniary loss” mean?

“Pecuniary loss” is a term often used in situations when a family member has died. It is a term utilized in insurance law and personal injury cases. It describes how much money the person would have earned over a lifetime. If, for instance, the deceased was 30 years old and earned $35,000 / year, we would calculate how much money he or she would have earned over the next 30 – 35 years. Typically, we have an economist calculate these numbers for us, so we can be as close to accurate as possible. However, obviously, this projection cannot be entirely precise. There are many variables to consider.


How does Obamacare affect personal injury cases?

An interesting issue has emerged in the courts recently. How has Obamacare affected the health insurance carrier’s legal right to reimbursement after an injury case? What does this mean for you? Stuart Carpey explains.


What is a Functional Capacity Evaluation? – put this under a different category

A Functional Capacity Evaluation is a “test” performed by your doctor (or sometimes by the defense medical expert) in the doctor’s office utilized to determine your ability to perform basic functions of your occupation. The doctor completes a form during the test and it may be used as a basis of the expert’s report and expert opinion. So, for instance, the doctor will ask you to bend or stoop, and the doctor completes the form and indicates the degree to which you can do that. The form covers a wide range of physical movements. It can be a very important document in your case, particularly as pertains to your disability.


How long should I continue to see my doctor after an accident?

As long as you have problems related to the personal injuries that you’ve sustained in your accident, it is advised that you continue to see your doctor. Frequently, injuries continue to bother people after a motor vehicle accident but the victim stops seeing his or her doctor: that is a mistake. As long as you, the victim, are having on going complaints related to the accident, you should be informing your doctor about those complaints. Go to the doctor and inform him or her of what’s going on, because, at the very least, your doctor is going to be making a record in his or her chart about your complaints, and you can present that list of complaints to the opposing insurance company. When the case goes to a juried trial, the jury will hear how long you went to see your doctor and what the complaints were over a period of time. It is crucial that, as long as you have complaints related to the injuries of the accident, that you continue to receive medical care.

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