In Pennsylvania personal injury law, the compensation you may sue for, known as damages, falls into two primary categories: economic damages, which cover your financial losses, and non-economic damages, which account for the intangible impact on your life.
For many residents here in Western Pennsylvania, however, the ability to sue is complicated by the insurance choices made years before the accident. Specifically, the Full Tort vs. Limited Tort distinction in your auto policy plays a massive role in what you might recover. Insurance adjusters know this.
Following an accident, adjusters typically attempt to categorize life-altering changes as temporary inconveniences. They might approve the immediate emergency room bill but deny the cost of future therapy or the value of your pain.
This is where the benefit of hiring a personal injury lawyer really shines. Many clients don’t realize the full scope of damages they can pursue, and our role is to identify every cost associated with your accident. We then work to go through each one of your damages line by line to justify every cost with cold, hard evidence.
If you have questions about which damages apply to your specific accident in Western Pennsylvania, call Marcus & Mack. We will review your insurance policy and the details of the incident to determine the full value of your potential claim.
When you file a personal injury lawsuit, you are predominantly seeking compensatory damages. As the name implies, these are intended to compensate you for losses caused by the defendant.
The law does not aim to make you rich; it aims to put you back in the financial position you would have been in had the accident never happened.
Compensatory damages are generally split into two sub-categories:
These are losses with a specific price tag. They are objective and calculable. If a receipt may be printed for it, a bill may be received for it, or it may be verified with a pay stub, it is a special damage.
These are losses that do not have a price tag. They are subjective. How much is an hour of pain worth? What is the value of being able to pick up your grandchild?
This distinction helps you see why evidence is so important. Everything must be proven; if a loss cannot be documented by paperwork or articulated clearly by medical professionals, it generally may not be claimed.
Most people underestimate the value of their claim because they only look at the bills they have already received. In reality, the most expensive part of an injury is usually the future, not the past.
This is the most obvious category. It includes the ambulance ride, the ER visit, surgery costs, and medication. But settling a claim based only on these past numbers is a mistake.
We have to look forward. If you suffered a joint injury, will you need a replacement surgery in 15 years? If you suffered a brain injury, will you need cognitive therapy for the rest of your life?
To prove this, we typically work with medical professionals and life care planners who review your medical records and project what your future health needs will be. Under Pennsylvania law, you are entitled to recover the cost of this future care today.
There is a distinct difference between these two concepts, though they sound similar.
We calculate the difference in your income over your remaining work-life expectancy. For a young worker with a permanent disability, this category alone may be substantial.
Economic damages also cover the repair or replacement of your vehicle and personal items damaged in the crash, such as broken glasses, cell phones, or car seats.
Furthermore, you may recover incidental costs. These are the small expenses that add up quickly:
Try this: Keep a financial loss folder at home. Every time you spend a dollar because of the accident, whether it’s a parking fee at the hospital or a bill for a brace, put the receipt in that folder. If you don’t save the proof, the insurance company will likely refuse to pay it.
This is where the battle with the insurance company usually happens. There is no receipt for agony, yet it is typically the most significant part of your experience.
While typically grouped as pain and suffering, this actually includes several distinct types of harm:
In Pennsylvania, your ability to sue for these non-economic damages is heavily dependent on the car insurance policy you purchased. This is the Limited Tort vs. Full Tort election.
Insurance companies frequently argue that injuries like herniated discs or soft tissue damage are not serious, thereby denying you any money for pain and suffering. However, there are exceptions. Even with Limited Tort, you may be able to sue for full damages if:
Do not assume you are barred from recovery just because you have Limited Tort. We can review the specific facts to see if an exception applies.
Punitive damages are fundamentally different from the compensatory damages discussed above. They are not designed to make you whole; they are designed to punish the defendant and deter them and others from acting that way in the future. Consequently, the standard to receive them is high. Simple negligence is not enough.
In Pennsylvania, the defendant’s conduct must be outrageous. It must show a reckless indifference to the rights of others, or be malicious, wanton, or willful. This is a behavior that goes beyond a mistake.
Common scenarios where we might pursue punitive damages include:
While punitive damages are awarded less frequently, they might significantly increase the total value of a settlement or verdict when the facts support them.
If an accident results in the tragic loss of a loved one, the categorization of damages shifts. Pennsylvania law separates these claims into two specific actions: the Wrongful Death Action and the Survival Action.
This claim belongs to the family of the deceased (specifically the spouse, children, or parents). It is intended to compensate the family for the costs they have incurred and the support they have lost.
Damages here include funeral and burial expenses, estate administration expenses, and the loss of financial contributions the deceased would have made to the household (food, shelter, clothing). It also places a value on the loss of the comfort, society, and guidance the deceased provided.
The Survival Action is different. It is basically the personal injury lawsuit the deceased could have filed if they had survived. The estate files this claim.
Damages here include the pain and suffering the victim endured between the moment of injury and the moment of death, as well as the loss of their earning power from the date of death through their estimated working lifespan.
This legal structure validates the family’s right to stabilize their financial future while acknowledging the personal suffering the victim experienced.
Even if you have valid damages, specific Pennsylvania statutes could affect how much of that money actually reaches your pocket. Two major concepts usually come into play.
Pennsylvania follows a 51% Modified Comparative Negligence rule. This determines what happens if you were partially at fault for the accident.
Under this rule, you may still recover damages as long as you were not more responsible for the accident than the defendants. However, your compensation is reduced by your percentage of fault. For instance, if you were found partially at fault, your total award would be decreased proportionally. If you are found to be 51% or more at fault, you are barred from recovering any compensation.
Defense lawyers work hard to shift blame onto you for this very reason. If they manage to push your fault over that 50% line, they pay nothing. Our role is to investigate the evidence to ensure fault is assigned correctly.
This is a rule that benefits plaintiffs. If your health insurance (a collateral source) paid your medical bills, the defense generally cannot mention this to the jury to reduce the amount they owe you.
In other words, the bad driver does not get a discount just because you were responsible enough to have health insurance. You are entitled to sue for the full value of the medical bills. However, keep in mind that after you settle, your health insurer may have a subrogation right to be paid back for what they spent.
Generally, according to the IRS and PA Department of Revenue, compensatory damages for physical sickness or physical injury are not taxable income. However, exceptions exist. Interest earned on a settlement is usually taxable, and punitive damages are almost always taxable. We recommend speaking with a tax professional regarding your specific settlement.
Yes. Under the Eggshell Skull legal doctrine, a defendant takes a victim as they find them. If an accident aggravates a pre-existing back injury, the defendant is liable for the resulting increase in pain and treatment needs. They cannot escape liability by claiming you were already hurt, though they are only responsible for the worsening of the condition.
For most standard personal injury cases (like a car accident between two private citizens), Pennsylvania does not cap compensatory damages. However, there are strict caps on damages if you are suing the Commonwealth of Pennsylvania (usually capped at $250,000 per occurrence) or local government entities (capped at $500,000). Punitive damages in medical malpractice cases also have specific limits.
Yes. When we calculate loss of earning capacity for the next 10 or 20 years, we do not just use your current salary. Forensic economists account for projected wage growth and inflation to ensure the money you receive today will have the same purchasing power in the future.
If your damages exceed the other driver’s policy limits, you may be able to file a claim against your own Uninsured/Underinsured Motorist (UM/UIM) coverage. This is an optional coverage in Pennsylvania, but if you have it, it acts as a safety net to pay the difference.
You should not have to become a forensic accountant to recover what you are owed after an accident. To get the full value for your suffering and future needs, you need a legal team that understands the math behind the law.
Call Marcus & Mack today. We will sit down with you, review the facts of your accident, and give you a clear assessment of what damages you may pursue. There is no obligation, and we only get paid if we recover compensation for you.
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