Suppose you've been seriously injured due to a healthcare professional's negligence. In that case, you may be entitled to compensation to cover the costs of any medical bills, lost income, and any issues that may arise in the future as a result of your injury. However, you may also be entitled to compensation for things that don't have a clear monetary value. The person or healthcare facility that caused your medical injury should also be held accountable for the pain and suffering that they've caused. While financial compensation can't take back the pain, it can attempt to make up for the many hardships you've already endured and what may lie ahead.
While we all know what it means to be in pain and to suffer, the legal definition of "pain and suffering" is the physical, mental, and/or emotional stress caused by someone else's actions. To be more specific, you can seek compensation for pain and suffering if your injury has resulted in:
While anyone can sue for pain and suffering, not everyone will win their case. Determining whether your claim is likely to be successful, along with how much you can sue for, can be complicated. Generally speaking, in Pennsylvania, legal claims for pain and suffering must be filed within two years of the date of your injury (or when a reasonable person should have known about it). There are a couple of exceptions to this rule, so it's essential to consult with an attorney regardless of how long ago your injury occurred.
When a doctor is guilty of malpractice, there are some things that a victim can be compensated for that have an obvious monetary value, such as medical bills, lost wages, and the cost of any future care that may be needed. In Pennsylvania, as in many other states, victims can also sue for the pain and suffering they've lived with due to a healthcare provider's negligence. Unfortunately, as we all know, pain and suffering are subjective feelings that can vary from person to person. Every injury is different, and each person will have a different physical, mental, and emotional response. Making things even more complicated, it often seems impossible to place a value on something intangible. How much are your health and happiness worth?
The amount of money you may be able to recover for pain and suffering almost entirely depends on the evidence presented during your case. Testimony from medical and/or mental health experts is often crucial to a successful case. Medical records are vital to prove that your pain and suffering directly result from the injury you received. Some other information a judge or jury will consider include:
Some states designate a limit on the amount you can be awarded for your injuries, but Pennsylvania has no limit to the compensation you could collect. Make sure you have an attorney on your side who is willing to fight for you and get the compensation you deserve for your medical injury.
If you believe you are the victim of a doctor or other healthcare provider's negligence, then the first step is to find a qualified attorney to take your case. Medical malpractice claims involving pain and suffering are complex, so make sure you choose a firm that has a proven track record of winning medical malpractice cases similar to yours.
If a healthcare professional has seriously injured you or your loved one, the legal team at Ross Feller Casey is ready to help. We have a top team of Ivy League-trained doctor-lawyers on staff, so we know that complex medical malpractice cases can cause severe and often prolonged pain and suffering. While a successful verdict or settlement can't remove the pain and suffering, you deserve justice for yourself or your loved one.
The attorneys at Ross Feller Casey have recovered more than $1 billion for their clients in the past five years alone and have won more than 50 $10-million-plus verdicts and settlements. If you've been injured, contact us for your free consultation. We'll review your case, discuss the nature of your injury and how it's affecting you, and determine what the next steps will be. We work on a contingency basis, so you will not pay a thing until a financial recovery is made in your case. Contact us today, and take the first step toward taking back your life.
Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.