How Much is My Auto or Trucking Accident Case Worth in Pennsylvania?

How much is your claim worth?

No one knows ... let me explain.

Most people who think they may have a personal injury claim want to get a good sense of the value of their claim early on. 

That's fair. 

But ... no one knows what your claim is worth ! This is because the value of your claim depends on an enormous number of factors.  And no two cases, even with very similar facts, are identical.  Further, different juries reach different conclusions on similar facts.  So much so that it is fair to say that if a claim could be tried before one jury on Monday and then tried before a different jury on Tuesday each jury is as likely as not to decide what the claim is worth differently.

Both are "right".  And both could be upheld on appeal.

So what can you, as a potential claimant, do to better understand the value of your claim?

1.  Damages Drive Value.

The value of a claim depends on the nature and extent of the damages the claimant suffered, and the amount of money needed to fully compensate that claimant for those injuries. 

Damages are broken down into economic damages and non-economic damages. 

"Economic damages" refers to the losses that can be accurately determined and include medical bills, lost wages, reduced ability to make a living and the cost of repairing or replacing damaged property like cars or houses. 

"Non-economic damages" are subjective and include pain and suffering, loss of life’s pleasures and emotional distress.

2.  The Severity of Your Injury

The more significant and lasting the injury, the more money will be required for recovery and compensation = higher the potential value of the claim.  Cases involving surgery, permanent impairment or chronic pain and long term therapies or treatments typically command more than cases where recovery requires just a few appointments or therapies over a short period of time.

Claims which involve only soft tissue injuries like sprains, strains and bruising have value but less so than those where the injuries are more significant.

3.  Economic Damages: Medical Bills (Past and Future)

Your economic damages include costs associated with: 

• Emergency Room Treatment

• Hospital Stays

• Surgery

• Treatment by Specialists and other Providers

• Physical Therapy and Rehabilitation Services

• Prescription Medication

• Adaptive Equipment

• Future medical care

• Lost wages or Reduced Earning Capacity

4.  Economic Damages: Lost Wages and Earning Capacity

If the injury caused you to miss work, the income you lost as a result is part of your claim. It is important to be able to document the loss accurately and to document a direct connection between your injury and your physicians’ advice regarding returning to work.  

If your injuries reduced your ability to earn a living in the future, the value of your claim can increase significantly. 

For example: 

• a few weeks off of work to recover from a severely sprained ankle will support a claim for wages while off work;

• a permanent restriction that limits your career or reduces your income can dramatically increase the value of your claim.

5.  Non-Economic Damages: Pain and Suffering
Pennsylvania law allows recovery for non-economic damages which include pain, suffering, inconvenience, and loss of life’s pleasures.  Factors which increase the non-economic damages portion of a claim include:

• the intensity of the treatments required

• whether surgery was required

• how long recovery took

• whether recovery was complete or only partial

• how the injuries changed the claimant’s daily life

6.  Limited Tort vs. Full Tort
This is uniquely relevant in Pennsylvania auto cases.  If you selected “limited tort” on your auto insurance policy you generally cannot recover for non-economic damages like pain and suffering unless you meet the “serious injury” threshold.  In order to meet this threshold, the injured party must have suffered death, serious impairment of bodily function or permanent serious disfigurement. The choice or Limited or Full tort can have a direct impact on the value of your claim in accident cases.

7.  Insurance Coverage Available
You may have a strong claim.  But the value of even the strongest claim can be greatly impacted by whether and to what extent assets or insurance are available.   A claim that may produce a $500,000 judgment is more valuable in a case where the person who caused the injury has sufficient funds or insurance coverage to get that judgement paid than in a case where the defendant has no non-insurance resources from which to satisfy the judgment and there is only $10,000 coverage.

Key Questions:

• what are the at-fault driver’s liability limits

• is there underinsured or uninsured motorist coverage available

• are there multiple defendants (this is where creativity can be helpful)

8.  Comparative Negligence
With respect to negligence on the part of the person making the claim, Pennsylvania is a “comparative negligence” state.  This means, first, that if the person making the claim is found to be more than 50% to blame he or she cannot recover damages.  Second, if the claimant is found to be less than 50% to blame but not blameless, a claimants recovery can be reduced in proportion to their share of the blame.

9.  Other Factors
Other factors that generally reduce the value of a claim are gaps in treatments, failing to follow treatment recommendations, missing or postponing appointments for treatment, pre-existing conditions, negligence on the part of the person making the claim.

General information—not legal advice. Paul’s Guide is not a law firm. This article provides general educational information and may not address every fact, exception, jurisdiction, or change in the law. Legal rights and deadlines vary based on the circumstances and applicable law. Reading this article, by itself, does not create an attorney-client relationship with Paul’s Guide or Paul Zimmerman. For advice about a specific claim, promptly consult a lawyer licensed in the appropriate jurisdiction