Some states put a cap on how much you can demand in pain and suffering. Many states also put a limit on how much you can receive in punitive damages. However, Philadelphia does not do this. There is no cap on either pain and suffering or punitive damages. Of course, you can’t just demand millions of dollars. If you didn’t suffer a substantiating injury, you may not be entitled to any pain and suffering damages. It is all relative. Your Philadelphia injury lawyer is going to search for any evidence that proves how much pain you experienced in the days and weeks after your accident. They will need to submit proof for each type of damages you demand, not just pain and suffering.
What we do is offer new clients a free, initial consultation. This gives you a chance to sit down with someone who have handled cases like yours before. We know the laws in Philadelphia and we’re familiar with the big insurance companies. If there’s a chance to settle your claim, we will find it. All you have to do is call and schedule a date and time to come into the office. If you need to conduct your consultation by phone or video, let us know and we can work that out for you.
What Are Pain and Suffering Damages?
Pain and suffering damages are intended to compensate you for any mental or physical anguish you suffered as a result of your accident. This includes things like physical pain after your multiple surgeries. For example, if you are in the hospital for days or weeks after your surgery, you probably experienced a ton of pain.
These damages are also meant to compensate people for things like intentional infliction of emotional distress. While this is not always a given, you may be allowed to demand emotional distress in your case. You could have your therapist sign an affidavit regarding the mental anguish you suffered. Or you can have friends and family members testify as to how badly you suffered after the accident.
Is Everyone Entitled to This Type of Compensation?
If you watch enough lawyer commercials on television, then you know they promise to get you the world. They promise that they eat defense attorneys for breakfast and will get you a big payoff. They brag about how much they have gotten in damages in the years since they opened their doors. However, what they don’t tell you is that most cases are rather simple. You may sue for $50,000 and walk away with $20,000 or $30,000 in a settlement. By the time you pay your Philadelphia injury lawyers’ fees and out of pocket expenses, you may not be left with much. But this is the way it’s supposed to work out. It isn’t your Philly personal injury lawyer’s job to make you rich. It’s only their job to make you whole.
Your Philly Personal Injury Lawyer Must Prove Your Damages
If you do demand damages for pain and suffering, you need to be able to prove them. This is true for each type of damage you demand in your initial complaint. To prove pain and suffering, you’ll need to put forth evidence demonstrating that you were seriously hurt. You can submit copies of your medical records where it states how many surgeries you had. You can also submit copies of prescription medications that you had to take to deal with the pain.
Some of the other ways your Philadelphia injury lawyer can prove your pain and suffering include:
- Your doctor can testify or sign an affidavit stating how badly you suffered as a result of your injuries
- You can have friends or family members sign affidavits or testify that you were not able to enjoy the same kind of social life after the accident
- Your work records will show whether you can still do the same kind of work you did before the accident
The goal is to get you as much money as possible. However, if you didn’t suffer serious injuries, your Philly personal injury lawyer can’t demand a million dollars in pain and suffering. For example, if you suffered whiplash in a rear-end collision, you can’t expect to walk away with more than a few thousand dollars.
The Good News is That There’s No Cap on Pain and Suffering
One piece of good news is that the laws in Philadelphia do not limit the amount of pain and suffering you can receive. Even though you demand a certain amount in pain and suffering, the jury can award you much more than this amount. For example, your Philly personal injury lawyer may have demanded $100,000 in pain and suffering. However, the jury felt so bad for you that they awarded you $250,000 in pain and suffering.
How Much Compensation Can Your Philadelphia Injury Lawyer Get You?
When you first meet with your Philadelphia injury lawyer, it’s because you want to see if you have a case for damages. If the other party caused your injuries and you know it for a fact, then it shouldn’t be hard for your lawyer to prove your case. However, even if you win your case, that doesn’t guarantee you damages for pain and suffering. Typically, our Philly personal injury lawyers demand pain and suffering equal to three times your medical bills. So, if your medical bills were $500,000, your Philadelphia injury lawyer will demand $1.5 million in pain and suffering.
Of course, just because you demand a certain amount in pain and suffering, that doesn’t mean you’ll receive that amount. In fact, more than 95% of these cases settle. That means that your attorney will likely negotiate a settlement for less than your full demand. You must give the defendant some incentive to settle. You figure any money you received for pain and suffering is found money. It isn’t earmarked to pay back medical bills or mechanic’s bills. It is a windfall of sorts.
While it is not our Philadelphia injury lawyer’s job to get you a windfall, we do try to get you as much money as possible. It depends on the facts of your case and what kind of assets the defendant has. If you aren’t sure if you have a claim, contact one of our Philla personal injury lawyers today. We can schedule your free, initial consultation over the phone or through our website.