April 26, 2023
Suffering an injury that is caused by someone else's negligence can be traumatic, and it can happen to anyone, at any time, anywhere. Personal injury cases are designed to help victims receive compensation for their losses, including medical bills, lost earnings, and other related damages. However, determining the compensation amount in such cases can be a complicated affair, and it varies depending on the circumstances. In Pennsylvania, there are specific laws that govern compensation calculation in personal injury cases, and it's crucial to understand these laws to get the desired outcome. In this post, we'll explore how compensation is calculated in a Pennsylvania personal injury case, the factors that courts consider, and much more. Economic And Non-Economic Damages Personal injury cases generally rely on two types of damages; economic and non-economic damages. Economic damages are tangible losses that the victim has incurred due to the injury, such as medical bills, lost wages, future earnings loss, and other financial losses associated with the injury. Conversely, non-economic damages are intangible damages that the victim has suffered, such as physical pain, emotional trauma, and psychological distress. Pennsylvania courts calculate compensation based on both economic and non-economic damages. Determining Fault Fault is a crucial element in personal injury cases in Pennsylvania. When an injury occurs, the courts must determine who was responsible for causing the injury. Pennsylvania laws use a modified comparative negligence rule to determine fault in personal injury cases. If the victim is found to be 50% or more responsible for the injury, they may not receive any compensation for their losses. Furthermore, if the victim is less than 50% responsible for the injury, their compensation is reduced based on their percentage of fault. For example, if a victim is 30% at fault for their injury, their compensation will be reduced by 30%. Types Of Injuries Compensation amounts in personal injury cases also depend on the type of injury suffered by the victim. Injuries that require significant medical attention, such as broken bones, head injuries, and spinal cord injuries, usually result in higher compensation amounts. Moreover, the severity of the injury also plays a significant factor in determining compensation amounts. If the injury is permanent, it can result in a higher compensation amount, as the victim may require medical attention throughout their lifetime. Payments Of Compensation Once compensation amounts are determined in a personal injury case, the victim is entitled to receive compensation from the liable party. In most cases, the liable party is an insurance company, and they will likely offer a settlement to the victim. However, if the victim is not satisfied with the settlement amount, Rosato Law Offices can represent them in court to get the desired compensation. Furthermore, our team can also help the victim negotiate with the insurance company to get the most favorable settlement possible. Seeking compensation for an injury suffered due to someone else's neglect is your fundamental right. However, it's essential to understand how compensation amounts are calculated in Pennsylvania to get the best possible outcome. The compensation amount depends on various factors such as fault, the type of injury, and economic and non-economic damages. Rosato Law Offices can assist you with personal injury matters to provide the best representation possible. Contact us today to learn more.