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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.
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:
- 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.
- Said duty of care was violated by a person or entity through negligent actions, such as driving while distracted or misdiagnosing an illness.
- You suffered physical injury as a result of the actions of the negligent individual, such as pain and suffering.
- 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.
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.
"I was involved in a car accident (not at fault), that seemed like it would be straightforward. The at-fault driver accepted fault and so did their insurance company. The problem was that they wanted ..."M.H.
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