In recent years, juries in Philadelphia have awarded large sums to injured workers. This isn’t just in Philadelphia. In the surrounding counties, Montgomery, Delaware and Bucks, juries and judges have awarded significant financial compensation to injured workers.
How is Pain and Suffering Evaluated?
Pain and suffering is probably one of the most complex aspects of handling work accident injury lawsuits. Many injured workers and their families often want to know what their personal injury cases will be worth. Truth is, it’s hard to say at the outset. That’s because pain and suffering injury awards depend on so many factors, such as:
- the type of injury that occurred,
- how much medical treatment was required,
- how long it took to recover,
- whether there are any permanent symptoms,
- whether future medical treatment will be necessary, and
- whether any time from work was lost.
In addition, there are other very important factors which go into the analysis, and they revolve around how the individual’s life was affected. How did the injuries affect activities of daily living? How did the injuries affect the individual’s enjoyment of life?
Preparing and Presenting Evidence of Pain & Suffering in a Work Accident Injury Lawsuit
When handling a work accident case, an injury lawyer must prepare and present evidence of pain and suffering. This is especially true when preparing for trial. In addition, evidence of pain and suffering can sometimes be challenging to obtain because most people simply aren’t good at talking about mental/emotional issues. This is especially true for certain types of workers, like construction workers, carpenters, etc.
The key is identifying the pain and suffering issues as early as possible in the case and then trying to obtain sufficient evidence that captures the nature and extent of the pain and suffering in a tasteful, honest manner. Here’s an example of how this can be accomplished.
A construction worker falls from the roof of a large construction site in downtown Philadelphia. He suffers a major head injury, spinal injuries and breaks both legs. He’s out of work for almost a year. He needs multiple surgeries and extensive rehab. The worker is married with two children. One of them is an adult who is getting married a few months after the accident occurs. The other is in high school, preparing to go to college.
Aside from the obvious extensive physical pain and serious mental suffering, there are also long-lasting residual effects of the accident and injury. For instance, the worker is unable to help prepare for his daughter’s wedding and due to the injuries, he is unable to walk his daughter down the aisle. Due to the tremendous financial strain caused by the accident and inability to work, his other child’s choice of colleges is seriously limited.
Here, the long-lasting residual effects should be reviewed and incorporated into the case in order to present a complete and accurate picture of the pain and suffering. Initially, written statements from witnesses may be useful, followed by deposition testimony if necessary. In the event of a trial, it would be beneficial to present live witnesses, such as the worker’s family members.
If you have a work accident injury case in Philadelphia you’d like to discuss with our lawyers, please call our office at 215.399.9255.
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