In fall accident cases where serious injuries occur, getting reasonable financial compensation for pain and suffering is an important matter. Claims for pain and suffering depend on proof of negligence, the extent of the injuries and how the injuries affected the individual’s family life, home life and work life.
In this fall accident legal article, our Philadelphia Personal Injury Law Firm discusses the ins and outs of compensation for pain and suffering after a fall accident.
Fall accidents typically involve slip and fall or trip and fall accidents and often occur in the following places:
- parking lots or driveways,
- entryways, and
- stairs or steps.
In many fall accidents, serious injuries can occur. Head injuries, broken bones and back or neck injuries are some of the most common injuries in fall accidents. In some instances, the injuries can be catastrophic, especially when stairs or heights are involved. For example, a Philadelphia resident who falls from a second floor balcony due to a defective railing may suffer life-altering spinal cord injuries, or someone who falls down a flight of stairs would probably suffer several broken bones and serious neck or back injuries.
An Important Note About Negligence
It’s important to note that a fall accident victim in Pennsylvania will not be able to recover at all if they are responsible for causing the accident. Someone who trips over their own feet and falls down a flight of stairs isn’t going to be able to make a valid claim against the property owner.
Pennsylvania law requires the plaintiff in a fall accident lawsuit to prove negligence of the defendant(s). There’s got to be sufficient evidence that the property owner or some other party was negligent and that negligence was the actual and legal cause of the accident. In most fall accident cases, proving negligence requires proving notice, i.e., that the defendant had prior knowledge of the defective condition or at the very least, should have known about it. Read more about notice in fall accident lawsuits.
Pain & Suffering Compensation in a Philadelphia Fall Accident Lawsuit
Getting compensated for pain and suffering in a Philadelphia, PA fall accident lawsuit depends on two main factors:
- the extent of the injuries, and
- how the injuries impacted the individual’s life.
In most cases, the greater the impact, the greater the claim for pain and suffering damages. However, pain and suffering are unique to the individual. Two people who suffered the same injury can have vastly different levels of pain and suffering. Personal details such as age, occupation, family circumstances, etc., will determine how an injury impacts the individual’s life.
For instance, two individuals sustain the same injury, a left broken wrist that requires surgical repair. Person A is a teacher and right handed. So the injury doesn’t cause any significant changes in their home or work life. Person B is a construction worker who is left handed. The injury results in significant time lost from work. Even though the injury is the same for both, Person B has a greater pain and suffering claim because the injury impacted their life, particularly their occupation, in a more significant way.
Pain & Suffering – Evidence
Because pain and suffering damages claims are unique to the individual, there’s no litmus test or schedule for pain and suffering compensation amounts. Rather, it’s up to the plaintiff to present evidence of the impact. Most of the time, that means having the plaintiff testify about the impact. After all, the plaintiff is the one who suffered the injury. However, depending on the injuries, other evidence may be necessary or beneficial, such as:
- video or pictures of the injury showing the healing process,
- medical documents such as x-ray films, and
- testimony from family members, friends or co-workers.
Oftentimes, the plaintiff in a case might not make a good witness. Nerves often get in the way of testifying well. In these instances, additional testimony and other evidence can help paint an accurate picture of the pain and suffering.
Fall Accidents in Philadelphia – Get Legal Help NOW (215) 985-0777
Contact our Philadelphia personal injury lawyers for a free injury consultation. Our firm handles fall accidents in Philadelphia and the surrounding counties.
Firm founder Jordan Namerow is an experienced injury lawyer who takes pride in getting the best results for his clients.
“Jordan Namerow is a lawyer who goes above and beyond. I truly appreciated the communication regarding updates about my case and the legal advice that was given. I would highly recommend Jordan Namerow to anyone seeking legal representation on a personal injury case.” – April Green