How Are Damages Awarded In A Personal Injury Case?

If you are injured due to someone else's negligence, you may be entitled to compensation called damages through a personal injury lawsuit. These damages are intended to compensate you for what you have lost and, in limited cases, to punish particularly wrongful conduct. Understanding how they are calculated and how Pennsylvania law applies is critical to knowing what your case may truly be worth.

In most personal injury cases, damages fall into two main categories: compensatory and punitive. Some of the discussion below builds on long-standing principles, while other portions reflect important Pennsylvania-specific rules and recent clarifications.

Compensatory vs. Punitive Damages

Most damages awarded in a personal injury case are compensatory damages, meaning they are designed to compensate the injured person for losses caused by the accident. Compensatory damages are intended to make the victim whole, or as close to whole as possible, by restoring them to the financial position they were in before the injury. Within the compensatory category, there are two types of damages: special and general.

Punitive damages, on the other hand, serve a different purpose. They are not meant to compensate the victim, but to punish the defendant for egregious, reckless, or intentional misconduct and to serve as a deterrent to similar behavior in the future. Punitive damages are not awarded in every case and are generally reserved for situations involving particularly outrageous conduct. Punitive damages cannot be awarded unless the plaintiff first proves entitlement to compensatory damages.

What Are Special Damages?

Special damages, also called economic damages, are financial losses that can be quantified or calculated into dollar amounts. These are the hard costs you have sustained as a result of your injury and those you will sustain in the future. Specific damages include losses in the following areas:

• Medical Expenses: This includes all medical expenses associated with your injuries, from when the injuries happened to the present, and any expected expenses in the future. This is a crucial part of your personal injury claim, so you must keep very good records of all expenses, including emergency room and hospital charges, doctors' fees, ambulance service, test and lab expenses, cost of physical therapy, and rehabilitation services.
• Loss of Wages: This includes all earnings and wages that you have lost from the time of your injury through the present, as well as for the time in the future that you will not be able to work due to your injury.
• Loss of Earning Capacity: When it's proven that your injuries will impair or prohibit your ability to return to work indefinitely, you may be awarded compensation for your loss of future earning capacity.
• Incidental Expenses: You may incur out-of-pocket expenses due to your injury, for which you can seek damages. These incidental expenses include things like medical aids or devices such as wheelchairs or crutches, the cost of hiring household help to perform tasks that you are no longer able to, the expenses related to modifying your home to accommodate wheelchair access, and any other expenses you wouldn't have if you had not been injured.
• Property Damage: If there was any type of property damage (defective product, car accident, etc.), you might be awarded compensation for the costs to replace or repair the property.

Economic damages are typically calculated using bills, receipts, employment records, expert opinions, and projections of future costs.

What Are General Damages?

General damages, also called non-economic damages, are assigned to non-monetary losses suffered due to your injury. These types of damages vary from case to case. They include:

• Pain and Suffering – Damages may be awarded for the pain and suffering you've sustained due to the injury. 
• Loss of Consortium – In some cases, the spouse of the victim may be awarded damages for the loss of affection, comfort, and sexual relations that result from the injury sustained by the victim.
• Mental Anguish or Emotional Distress – The mental anguish or emotional distress that the injury or accident caused you may be assigned compensatory damages. This may include things like embarrassment, humiliation, and the loss of life's pleasures.
• Disability or Disfigurement – If your injury includes permanent disability or disfigurement, you may receive additional compensation.

In Pennsylvania, most personal injury cases do not have a statutory cap on non-economic damages. These damages are proven through testimony from the injured person, family members, medical providers, and other evidence showing how the injury has affected daily life. In particular, credibility and evidence matter for non-economic damages. Testimony describing how pain, limitations, and emotional distress affect everyday life can significantly influence an award.

When Are Punitive Damages Available?

Punitive damages are intended to punish and deter extreme misconduct and are not awarded for ordinary negligence. They are available only when a defendant’s actions go far beyond carelessness. Courts may award punitive damages when a defendant acts with reckless indifference, willful misconduct, malice, or a conscious disregard for the safety and rights of others. This standard is met when the defendant knew, or should have known, that their conduct was dangerous and created a high risk of serious harm, yet chose to proceed anyway.

Examples of conduct that may support punitive damages include drunk driving, intentional wrongdoing, falsifying records, ignoring known safety hazards, or violating safety rules despite clear warnings that people could be seriously injured or killed.

There are important limits on punitive damages in Pennsylvania. In cases of medical malpractice, for instance, punitive damages are usually limited to twice the amount of compensatory damages awarded. When deciding how much to give, the defendant's behavior and, in some cases, their financial situation may be considered.

Pennsylvania Specific Limits and Deadlines

While Pennsylvania allows recovery of both special and general damages in most cases, there are notable exceptions: 

• Government Claims: Claims against state or local government entities are generally capped at $250,000 per injured person and $1 million per incident.
• Medical Malpractice Claims: Subject to specific statutory rules, including limits on punitive damages.

Just as important is the statute of limitations. Under Pennsylvania law, most personal injury lawsuits must be filed within two years of the date of injury. Missing this deadline can permanently bar recovery.

Why You Need A Personal Injury Attorney

Because personal injury cases involve physical injuries and medical records, conditions, and costs, it's crucial to have a legal team that has access to medical experts to consult on your case. At Ross Feller Casey, we have both experienced personal injury attorneys and medical doctors on our staff to help our clients receive the compensation they deserve. 

We have a proven track record of multimillion-dollar financial recoveries and landmark verdicts in catastrophic personal injury lawsuits. If you or a loved one has been injured due to someone else's negligence, our legal team may be able to help you recover the compensation you deserve. 

Contact us today for your free case review, and know that there is never a charge to you until there is a financial recovery in your case.