How to Calculate Damages in a Personal Injury Claim
June 6, 2025
Suffering an injury due to someone else's negligence can lead to indescribable physical pain, emotional distress, and financial burdens. Understanding how damages are calculated in a personal injury claim is crucial for victims seeking compensation. Damages can be tangible, like medical expenses and lost wages, and intangible, such as pain and suffering.
At Richard L. Vanderslice, P.C., we’re committed to guiding clients through the intricacies of personal injury claims. With over 34 years of legal experience as a Philadelphia personal injury attorney, our firm aims to assist victims in their pursuit of compensation in any way we can.
A Breakdown of Damages in a Personal Injury Case
In legal terms, “damages” refer to the compensation awarded to a plaintiff (the injured party) for losses sustained due to another’s wrongful conduct. In Pennsylvania, damages in a personal injury case are typically divided into three main categories: economic damages, non-economic damages, and punitive damages.
Each category addresses different aspects of harm. A skilled personal injury attorney will help make sure each of these is thoroughly calculated and supported by strong evidence.
Tangible Financial Losses and Economic Damages
Economic damages are straightforward to calculate because they’re based on actual financial losses. These damages may include medical expenses, such as hospital stays, surgeries, doctor’s visits, prescriptions, physical therapy, and future medical care.
Lost wages due to time off work for recovery, as well as loss of earning capacity if the injury affects your ability to work in the future, are also considered. Additionally, property damage, like costs to repair or replace any property damaged as a result of the accident, and out-of-pocket expenses, such as travel to medical appointments or home care services, are included.
A personal injury attorney will gather medical records, pay stubs, and expert testimony to quantify these losses accurately.
Non-Economic Damages
Non-economic damages address the subjective and emotional impact of an injury. These are often harder to quantify but just as vital. They include:
Pain and suffering: Encompasses physical discomfort and mental anguish resulting from the injury.
Loss of enjoyment of life: Refers to the inability to participate in hobbies, recreation, or social activities previously enjoyed.
Emotional distress: Covers psychological impacts such as anxiety, depression, or PTSD.
Loss of consortium: Considers the negative effect of the injury on a spouse or close family relationships.
Pennsylvania law allows victims to recover these damages, but the process is more nuanced. A personal injury attorney is crucial for building a strong narrative that supports these claims through personal testimony, psychological evaluations, and informed, professional opinions.
Methods for Calculating Non-Economic Damages
There are two widely accepted methods for calculating non-economic damages:
The Multiplier Method
This approach involves multiplying the total economic damages by a factor, usually between one and a half and five, depending on the severity of the injury. For example, if your medical bills and lost wages total $50,000 and your injuries are considered severe, a multiplier of three may be used, resulting in $150,000 in non-economic damages.
The Per Diem Method
Here, a daily rate is assigned to the pain and suffering you've endured, multiplied by the number of days you’re expected to recover. For instance, if $200 is the daily rate and you suffer for 300 days, the total would be $60,000 in non-economic damages.
Each method has strengths and limitations, and a personal injury attorney will choose the one most appropriate for your case and jurisdiction.
Punitive Damages
Unlike compensatory damages (economic and non-economic), punitive damages are intended to punish the wrongdoer and deter future misconduct. These are only awarded in cases where the defendant’s behavior was particularly egregious, malicious, or reckless. Examples include drunk driving accidents, assault-related injuries, or fraudulent and intentional harm.
While rare, a seasoned personal injury attorney can help determine if your case qualifies for punitive damages under Pennsylvania law.
Key Factors That Affect Damage Calculations
Several variables influence the total damages you can claim in Pennsylvania. These include the severity of the injury, as more serious injuries generally result in higher settlements; the length of recovery, with prolonged recovery periods increasing compensation; and the impact on daily life, considering how your injuries affect work, relationships, and daily tasks.
Also brought into consideration is insurance coverage, as policy limits can influence negotiation strategies, and comparative negligence, since Pennsylvania follows a modified comparative fault rule, listed in Section 7102 of Title 42 of the Pennsylvania General Assembly—if you’re more than 50% at fault, you can’t recover damages.
Your personal injury attorney will evaluate these factors when building your case, maximizing your chances of receiving just compensation.
Common Types of Personal Injury Claims in Pennsylvania
Personal injury law covers a wide variety of incidents. Some of the most common in Pennsylvania include car and truck accidents, slip and fall incidents, medical malpractice, dog bites, construction site injuries, and product liability cases.
Each type of case has unique legal standards and calculation methods. That’s why working with a personal injury attorney familiar with Pennsylvania law is essential.
When Insurance Companies Push Back
Insurance adjusters aim to minimize payouts. They may dispute the severity of your injuries, claim pre-existing conditions caused the pain, offer lowball settlements, or use statements against you. That’s where the experience of a personal injury attorney is invaluable.
Your attorney will protect your interests, push back against unfair tactics, and help you get what you're entitled to.
Timeline for Filing a Personal Injury Claim in Pennsylvania
In Pennsylvania, the statute of limitations for filing a personal injury lawsuit is two years from the date of the injury. Missing this window could mean losing your right to compensation entirely. A personal injury attorney makes sure that all deadlines are met, paperwork is properly filed, and your case is kept on track.
What You’ll Need to Prove Damages
To support your personal injury claim in Pennsylvania, be prepared to provide:
Medical records and receipts
Photographic evidence of injuries or the accident scene
Medical opinions on prognosis
Pay stubs or income tax returns for lost wages
Witness statements
Journals documenting pain, suffering, and daily challenges
Insurance communications
Police or incident reports
Having a personal injury attorney collect and present this evidence can significantly improve your claim’s success.
Settlements vs. Going to Trial
Most personal injury claims in Pennsylvania are settled out of court. Settlements are faster and less expensive but may offer less compensation than a court verdict. When negotiations fail, a personal injury attorney won’t hesitate to take your case to trial. At Richard L. Vanderslice, P.C., we prepare every case as if it’s going to court, verifying the strongest possible position for our clients.
Get in Touch With a Lawyer Today
Calculating damages in a personal injury claim requires precision, legal knowledge, and a clear understanding of the law. Working with a seasoned personal injury attorney helps your claim be accurately assessed and forcefully presented.
At Richard L. Vanderslice, P.C., we’re committed to helping residents in Philadelphia, Philadelphia County, Montgomery County, and Delaware County, Pennsylvania, attain compensation. Contact us today to take the first step toward securing your recovery and peace of mind.