How to Sue for Pain & Suffering

When someone suffers injury due to the negligence of another person, the insurance company of the at-fault party is not only responsible for paying medical bills, wage loss and other out-of-pocket costs associated with the incident, but also for providing pain and suffering compensation to the injured individual. Motor vehicle collisions and other types of accidents can cause damage well beyond what’s visible to the eye or treatable by a doctor. In addition to the outward physical impairments or injuries an accident may cause, pain and suffering encompasses any and all negative changes that have affected your life as a direct result of the accident. Keep in mind, every case is different, and there are exceptions and limitations to a person’s right to receive pain and suffering.You should consult with a Pennsylvania pain and suffering attorney from Metzger Wickersham to discuss the facts of your case. Our firm has provided legal help to clients throughout Pennsylvania for more than a century. Today we are one of Pennsylvania’s most established law firms. Call (888) 707-7704 for a free consultation !

How To Sue for Pain & Suffering?

If you’ve been physically injured and you wish to sue for pain and suffering, you must be able to demonstrate the following elements as part of your case:

1. You were owed a duty of care by the person whose actions caused your pain and suffering. This could be the driver who hit your car, a property owner who neglected to maintain a stairway in your apartment building, or even a doctor who acted negligently.
2. Said duty of care was violated by a person or entity through negligent actions, such as driving while distracted or misdiagnosing an illness.
3. You suffered physical injury as a result of the actions of the negligent individual, such as pain and suffering.
4. You experienced damages as a result of your physical injury, such as payment for medical treatment and a loss of quality of life.

In order to prove these four elements, you should work with an experienced law firm that can fight for your best interests. The Pennsylvania pain and suffering lawyers at Metzger Wickersham know how devastating a serious accident can be to not only you but your family as well. We’re here to pursue the maximum amount of compensation you deserve!

Measuring Compensation for Pain and Suffering

How do you figure out how much your pain and suffering is worth? It’s not a simple task. Because every person’s case is fact-specific and each person’s tolerance for pain is different, there is no exact formula for determining the value of someone’s pain and suffering. You can, however, receive an accurate valuation of your pain and suffering by contacting a lawyer who’s experienced in personal injury cases. There are many variables that affect pain and suffering value in a personal injury case. Some of these factors include:

• Extent of the pain suffered
• Duration of the recovery period
• Types and lengths of medical treatment necessary
• Permanency of the injury, such as whether or not you have scarring or disfigurement
• Extent of change to the victim’s overall quality of life
• Extent of mental anguish and emotional trauma , such as humiliation and decrease in enjoyment of life.

A skilled attorney can evaluate your case and make an informed decision on the fair value for your pain and suffering, based on knowledge of the law and familiarity with injury claims.

How Long Do the Effects of an Injury Last?

The impact of an accident doesn’t always disappear once the physical wounds begin to heal. For some people, the pain—whether physical or emotional—can subside in a matter of weeks or months with proper treatment and support. This is often the case for injuries like broken bones or soft-tissue damage, where the outlook for full recovery is generally favorable.However, severe or catastrophic injuries may have much longer-lasting consequences. Traumatic events that involve the brain or spinal cord, for example, can result in permanent physical impairment and ongoing psychological distress. Many individuals with these life-changing injuries face the difficult reality of chronic pain, loss of independence, and a reduced ability to work or participate in activities they once enjoyed.These lasting effects often extend well beyond what’s visible. Emotional challenges such as anxiety, depression, or even post-traumatic stress disorder (PTSD) can linger for years after the actual incident. In these cases, the road to recovery is not always straightforward, and some of the effects may be lifelong.A skilled attorney can evaluate your case and make an informed decision on the fair value for your pain and suffering, based on knowledge of the law and familiarity with injury claims.

Emotional Anxiety in a Personal Injury Claim

In the realm of personal injury claims, emotional anxiety refers to the psychological distress you may suffer following an accident or injury. This form of harm goes beyond physical pain—it includes a wide range of mental and emotional struggles that can surface after a traumatic event. Symptoms often include persistent fear, excessive worry, difficulty sleeping, ongoing sadness, or even feelings of shame related to the incident.Unlike medical bills or lost wages, these are considered “non-economic damages” because they don’t have a direct financial cost but nonetheless deeply affect your daily life and well-being. If you’re experiencing emotional anxiety as a direct result of your injury, it’s important to share this information with your attorney. A thorough record of how the incident has changed your emotional state can play a crucial role in determining the appropriate compensation for your pain and suffering.

What Types of Documentation Can Support a Pain and Suffering Claim?

Proper documentation is key to building a strong case for pain and suffering damages. The more proof you can provide, the clearer the extent of your losses becomes to both insurers and, if necessary, a jury.To strengthen your claim, consider gathering the following:

• Medical Records and Bills: Detailed records from hospitals, doctors, or physical therapists will help document your injuries and the course of treatment. These are crucial to showing both the severity and duration of your pain.
• Photographs and Videos: Images of your injuries and any property damage immediately after the accident provide visual evidence of the harm suffered. Videos showing how your mobility or daily activities have changed can also be impactful.
• Psychological and Counseling Notes: Reports from mental health providers can be essential, especially if you’re experiencing anxiety, depression, or post-traumatic stress as a result of your injuries.
• Witness Testimony: Family members, friends, and coworkers can speak to the changes they’ve witnessed in your mood, abilities, or quality of life since the accident.
• Expert Opinions: Medical experts or other specialists may be able to explain how your injuries typically affect individuals in similar situations, lending credibility to the extent of your suffering.
• Proof of Lost Wages: Documentation like employer timecards, a physician’s note recommending time off work, or pay stubs can verify any loss of income linked to your injury.

Collecting and organizing these materials can make a significant difference in establishing the comprehensive impact of your pain and suffering.A skilled attorney can evaluate your case and make an informed decision on the fair value for your pain and suffering, based on knowledge of the law and familiarity with injury claims.

Do I Need a Lawyer for a Pain and Suffering Lawsuit in Pennsylvania?

No, technically you do not need an attorney to file a lawsuit for pain and suffering damages in Pennsylvania. Filing a lawsuit on your own is called pro se , which is a Latin term that means “on one’s own behalf”. However, just because it’s possible to file a pain and suffering lawsuit on your own doesn’t mean it’s the best decision. Filing a civil suit (like pain and suffering) is a precise process and any misstep can mean disaster for your case. For example, the lawsuit must be filed in the proper Pennsylvania district court. There are specific forms that must be filled out and contain the precise verbiage required for your complaint. There are also important deadlines you must meet throughout the length of your case.By hiring a skilled attorney for your pain and suffering lawsuit, you are putting your case into competent hands that know all the right steps that must be taken.

Contact an Experienced Pain & Suffering Lawyer in Pennsylvania

We have the resources and skills to help you recover compensation for your pain and suffering. At Metzger Wickersham, our attorneys have extensive experience handling all types of personal injury cases for people who have suffered mild to severe damages. Your personal injury consultation is free, and you don’t pay us unless you win. Begin your journey to just compensation by calling (888) 707-7704 for a free and confidential consultation .