Pennsylvania Personal Injury Cases - Damages

In a Personal Injury claim in Pennsylvania, there are categories of damages under the law. If you have suffered injuries in a personal injury case, there are certain damages that you are permitted to seek. First, the law provides for compensation for past pain and suffering. That is, from the time of the incident up to present. Evidence of that pain and suffering includes medical treatment, photographs, witness testimony.
Another type of damages is future pain and suffering. Future pain and suffering is best proven with a medical expert. Typically, a doctor who has been treating you for your injuries would need to write a report and then testify about his or her findings and "prognosis" for your future treatment.

Additional damages for injuries can include loss of life's enjoyment. If your injuries have impaired or affected your ability to pursue your activities of daily living and things that you enjoy, then you may have these damages. Evidence can include photos, medical records, witnesses who have known you or worked with you since before the incident. These are so-called "before and after" witnesses.

If you have lost wages or earnings, you have a claim for those. You would need proof of your earnings such as a W-2 or payroll records from before the incident and a doctor's note or report indicating the time period after the incident which you were disabled from work. If your ability to earn wages in the future is affected by your injuries, then you would have a right to recover for lost earning capacity. This usually requires an expert. You would need a medical expert, probably one of your treating doctors, to have found that you have an ongoing disability or physical restriction or limitation. Then, a vocational expert is typically required to study the impact of your disability or restrictions when considering what your qualifications, education and work experience is. The vocational expert determines what, if any, earning ability you still have with your existing injuries and compares that earning ability to what you made before the injury.

If you are married, your spouse might have a right to recover loss of consortium damages. This would include loss of companionship, comfort, and household help. This is a claim that involves how your injury has impacted your spouse. This does not typically require expert opinion, but is more proven through your testimony, your spouse's testimony and consideration of what your injuries have been and continue to be.