(267) 682-8918
How is Fault Determined Following an Accident?
After a motor vehicle accident in the state of Pennsylvania, the legal theory of negligence is used to determine liability. Negligence is based on establishing four basic elements:
- Duty of care: The defendant owed a reasonable expectation of safety and care towards the plaintiff.
- Breach of duty: The defendant failed to uphold the expectation of safety by acting carelessly or recklessly in a manner that another individual would not do in a similar situation.
- Causation: The careless manner was directly responsible for the resulting injuries, and without that action, the accident would not have occurred.
- Damages: The accident resulted in some form of loss for the plaintiff, such as financial or emotional loss.
Neglience Per Se
Not every accident case requires the establishment of the first two elements of negligence. Because the Pennsylvania traffic code clearly defines the rules of the road and driver expectations within the state, breaking these laws or regulations is enough to prove the first two elements of negligence. Examples of circumstances that would be considered negligence per se are:
- Driving on the wrong side of the road
- Passing another vehicle in a “No Pass” zone
- Following another vehicle too closely
- Incorrectly approaching an emergency vehicle
- Speeding or racing
- Driving under the influence of drugs or alcohol
- Making unsafe lane changes
- Driving with a suspended or revoked license
- Running red lights
- Texting and driving
Modified Comparative Negligence
Pennsylvania follows the theory of modified comparative negligence, which means that damages may only be recovered if the plaintiff is less than 50% at fault for their injuries. Drivers found to be 50% or more at fault for an accident will be unable to recover any compensation.
Furthermore, recovered damages are reduced by the plaintiff’s percentage of fault in the accident. For example, if a driver is 10% responsible for an accident, then they will receive 90% of the awarded compensation.
What Types of Damages May Be Recovered After an Accident?
Two categories of compensation may be awarded after an accident: economic and non-economic. Both will be discussed in further detail below.
Economic Damages
Economic or compensatory damages are awarded as compensation for the monetary loss incurred from the accident. Examples of economic damages that may be recovered are:
- Medical bills
- Rehabilitation
- Lost wages
- Property damage
- Reduced earning capacity
Non-economic Damages
Non-economic damages cover loss that does not have a definitive monetary amount and tend to be intangible. Examples of non-economic damages that may be recovered are:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Chronic pain
- Scarring and disfigurement
- Wrongful death
Punitive or exemplary damages may also be included as non-economic damages and are awarded as a punishment to the defendant in an effort to deter similar egregious carelessness in the future.
How is Compensation Determined for Pain and Suffering?
In law, pain and suffering is defined as the physical or mental distress that results from an injury. Due to the broad and subjective nature of this definition, it can be difficult to sue for these damages. There is no formula for determining the level of an individual’s pain and suffering. An accurate valuation can be obtained by evaluation of several variables, including:
- The extent of the pain suffered
- The duration of the recovery period
- The types and lengths of medical treatment required
- The permanency of the injury, including scarring or disfigurement
- The extent of change to the victim’s quality of life
- The extent of mental anguish and emotional trauma endured
How Can You Prove the Value of Pain and Suffering?
Because pain and suffering are relative, admissible proof is needed to prove the effect of this loss. Proof of pain and suffering may include:
- Journal entries describing specific ways life has been altered after an accident
- Medical testimony from healthcare professionals, medical records, or other formal documentation regarding the severity of the injury
- Statements from family and friends attesting to a noticeable impact in daily activities due to injuries, pain, and suffering
- Photos and video of the injury
What Are Damages Caps or Limitations?
There are certain instances where limits are placed on damages to be recovered, such as:
- For claims against the Commonwealth of Pennsylvania government, the maximum amount is $1 million per claim and $250,000 per occurrence.
- The amount of compensation that may be awarded for claims against a local government agency is limited to $500,000.
- Recovered punitive damages are limited to two times the amount of compensatory damages.
How Long Do You Have to File a Claim?
The timeframe allowed for a case to be heard for legal action is called a statute of limitations. In most cases, claims for pain and suffering must be submitted within two years from the date of the accident. Cases submitted outside of this timeframe may be barred from court and dismissed.
What Are Common Defenses Used in Pain and Suffering Cases?
Common defenses that may be used to argue against a claim of pain and suffering include but are not limited to:
- Comparative negligence: This may be disputed by accident reports, medical reports, etc, stating that the defendant bears a majority of fault.
- Assumption of risk: This may be disputed by establishing that the risk was not fully disclosed or understood.
- Lack of causation: This may be disputed through medical records attesting to the timing of injuries or accident reconstruction
Do I Need an Attorney?
If you or a loved one have suffered an accident that resulted in terrible pain and suffering, you deserve legal help you can count on. Do not multiply your loss by denying yourself a legal team with your best interests in mind. Call Lassiter & Associates today at 267-682-8918 or fill out a contact form for a free consultation.
