(300+)Slip and fall accidents can cause devastating injuries. Victims have the right to seek compensation for the full extent of their damages. In most cases, that starts with medical bills and lost wages. Beyond that, injured victims also have the right to seek compensation for other losses, including their pain and suffering. This raises an important question: How do you calculate pain and suffering in a slip and fall accident claim? The short answer is that there is no fixed formula in the Commonwealth. Pain and suffering are always determined on a case-by-case basis. Here, our Philadelphia slip and fall accident attorney provides a guide for how to calculate pain and suffering damages for a slip and fall injury in Pennsylvania.
Understanding Slip and Fall Liability in Pennsylvania
First and foremost, it is important to emphasize that slip and fall claims are fault-based legal cases in Pennsylvania. In other words, neither a business nor a property owner is automatically responsible for a fall accident that happens on their premises. Instead, a slip and fall accident victim must prove that negligence was a factor in causing their injuries. These cases in Pennsylvania are covered by premises liability law. Property owners and occupiers owe duties of care based on the injured person’s legal status to the premises. Businesses and property owners must inspect the premises, correct dangerous conditions, and warn of hazards they know or should know about. Every slip and fall accident claim in Philadelphia should be thoroughly investigated by a lawyer.
Note: Slip and fall accident injury cases are time-sensitive. Under Pennsylvania law (42 Pa.CS § 5524(2)), there is a strict two-year statute of limitations. If you do not bring your claim promptly, you may not be able to get compensation at all. Be proactive: Consult with a Philadelphia slip and fall accident lawyer right away after suffering a serious injury.
What is Pain and Suffering?
Through a slip and fall accident claim, victims can pursue compensation for the full extent of their damages. The basis of a personal injury claim is economic damages, including medical bills and lost wages. Beyond that, injured victims have the right to seek compensation for non-economic damages as well. The most notable example is pain and suffering. Pennsylvania law recognizes that injuries affect more than finances. Pain and suffering refer to non-economic damages that compensate an injured person for physical discomfort, emotional distress, and loss of enjoyment of life.
How to Calculate Pain and Suffering
Calculating pain and suffering can be challenging. The Commonwealth does not use a statutory formula to calculate pain and suffering. Insurance companies and their defense attorneys often rely on practical methods during negotiation. However, judges and juries retain significant discretion. One common approach considers the severity of the injury and its impact on daily life. More serious injuries tend to support higher non-economic awards.
The multiplier method is also often used to calculate pain and suffering in a slip and fall accident claim. That method evaluates pain and suffering in relation to economic damages. While multipliers appear in settlement discussions, they do not bind courts. The focus will also be on the specific circumstances of the case. Medical records play a key role. Other evidence is very important as well.
The Bottom Line: There is not one specific formula for calculating pain and suffering damages in a Pennsylvania slip and fall accident case. Instead, the value of these damages is always determined on a case-by-case basis with careful consideration of the facts.
Three Tips for Maximizing Pain and Suffering Damages After a Slip and Fall
Hurt in a slip and fall accident in Philadelphia and dealing with serious pain and suffering? You must be able to secure the full and fair financial compensation that you deserve. A top-rated Philadelphia premises liability lawyer can help. Here are three big tips for recovering pain and suffering as part of a slip and fall claim in Pennsylvania:
- Document the Impact: Pain and suffering claims rely heavily on credibility. Report symptoms accurately at each medical visit. Avoid minimizing pain early and exaggerating later. Consistency strengthens the claim and supports medical opinions.
- Avoid early settlement before medical stability: Pain often evolves. Settling before reaching medical stability risks undervaluing long-term discomfort or permanent limitations. You do not want an insurer to pressure you into settling for less.
- Get a Lawyer: Defendants and insurers are notorious for trying to undervalue pain and suffering damages. Do not let them get away with it. A top Philadelphia slip and fall accident lawyer can help you take action to get the maximum pain and suffering damages.
Why Trust the Philadelphia Slip and Fall Injury Lawyers at Gibbons & Crichton
Slips, trips, and falls can cause serious injuries. A victim may deal with immense pain and suffering after a bad fall accident. At Gibbons & Crichton, we are a proactive, solutions-focused law firm that has the expertise that victims and families can count on in challenging cases. With a proven record of case results and a strong history of client testimonials, we are prepared to take your claim as far as you need to go to get the maximum financial compensation for your pain and suffering damages. With a law office located in the 19013 zip code of Philadelphia, we take on slip and fall injury cases throughout the city and all around the wider region in Southeastern Pennsylvania.
Contact Our Philadelphia Slip and Fall Attorneys Today
At Gibbons & Crichton Personal Injury and Accident Lawyers, our Philadelphia premises liability attorneys have extensive experience handling slip and fall accident injury claims. If you have any questions about how to calculate your pain and suffering for a slip and fall, we can help. Call us now or contact us online to arrange your free, no obligation initial consultation. We handle slip and fall accident cases for victims in Philadelphia and throughout the entire region, including in 19124, 19111, 19149, and 19134.
