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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.
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:
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:
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:
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:
In Pennsylvania, only parents, children, and spouses can recover wrongful death damages.
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:
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.
What’s more, if you had to install equipment or devices in your home to help your mobility since the accident, you may be able to have those special expenses covered as well.
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:
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.
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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