When you are injured in a car accident you can recover economic damages and non-economic damages. Economic damages are compensation for monetary losses, like medical bills, property damage, and lost income.
Non-economic damages are commonly referred to as pain and suffering, but can include compensation for physical and mental pain and suffering, embarrassment, loss of life’s pleasures and disfigurement.
To learn about recovering non-economic damages after a car accident, let’s look at one of the most famous episodes of The Office: “The Injury” (aka Michael grills his foot.)
Michael calls into the office, very upset saying that he is injured: “OK, buhhhh, I burned my foot very badly on my Foreman Grill and I now need someone to come and bring me into work.”
Dwight enters the office and immediately volunteers to go get Michael. [1]
Dwight: I’m coming Michael!
Jim: Oh…
Dwight: I’m gonna save you!
Michael: Don’t… is that Dwight? I do not want Dwight.
Dwight: Hold on Michael! I am coming! Wait there!
Michael: I don’t want Dwight!
Pam: Michael, why don’t you call your girlfriend?
Michael: I don’t have a girlfriend.
Jim: But you said that you went out with her this weekend.
Michael: It was all made up. Just someone come, ok? Anyone. Anyone but Dwight.
Jim: [sounds of a car crash] What was that…
Pam: What was that?! [everyone runs to Michael’s office window]
Jim: Oh!
Pam: Ohhhhhh!
Jim: He hit the pole!
Jim: It’s broken right, he can’t…
Pam: Oh my gosh.
Jim: Oh Dwight, Dwight, [Dwight pukes on his back windshield] Ohhhhhh!
Since Dwight hit a stationary object and there were no other vehicles involved, this is a single vehicle accident. The driver is almost always responsible for a single vehicle accident, but there are certain exceptions. For example, if another person or vehicle caused Dwight to lose control (they pulled out in front of him and he had to swerve to avoid) he may have a claim against that person (or an uninsured motorist claim against his insurance company if they leave the scene). If Dwight lost control due to a dangerous condition in the parking lot, he might have a claim against the property owner. Or, if something was defective in his car, he might have a claim against the car or car part manufacturer.
Dwight’s car is clearly damaged, as the bumper fell off, but as the work day goes on, it becomes clear that he is injured also. Throughout the day, Dwight continues to act strange. He begins sentences and doesn’t finish them. He calls Pam “Pan.” He thinks Creed is his dad, he raises his hand to ask a question, then forgets his hand is in the air. Perhaps, weirdest of all, he’s acting very nice.
In Pennsylvania, the type of insurance you have determines what you can recover. If your auto insurance is full tort then you can recover non-economic damages as soon as you are injured. However, if your auto insurance is limited tort then you are giving up your right to recover non-economic damages unless you fall within an exception under the Pennsylvania Motor Vehicle Financial Responsibility Law. [2]
While people generally think of non-economic damages as pain and suffering, Pennsylvania Courts recognize several types of non-economic damages:
- Physical and mental pain and suffering: physical discomfort, mental anguish, distress, and inconvenience that you endured because of your injury
- Embarrassment and humiliation: feelings like shame, inferiority, or inadequacy related to your injury
- Loss of life’s pleasures: any impact on your ability to participate and enjoy any hobbies, interests, pursuits or other activity that you previously enjoyed because of your injury
- Disfigurement (where applicable): scars, deformities or other physical defects related to your injury
How much a plaintiff may recover for non-economic damages depends on the particulars of each situation. Some factors used to calculate non-economic damages include:
- Age
- Type of injury
- Length of injury
- Severity of injury
Non-economic damages can include past and future loss. The past loss would be the damage that you suffered up until the present day. Future loss would be for damage that you would continue to suffer in the future. If you have a permanent injury your future loss could include the rest of your life.
Even one traumatic brain injury can result in long-term complications or death. Luckily for Dwight, The Office is a comedy, the symptoms appear minor, and do not recur.
But if you are injured in a car accident, it is important to contact the experienced car accident lawyers at Aversa & Linn as soon as possible after the accident, to discuss your ability to pursue a claim.
[1] Read the full script here: Season 2 – Episode 12 “The Injury”
[2] With Limited Tort coverage, you will not be able to make a claim for pain & suffering unless you suffer a “serious impairment of a body function,” or can prove you meet one of several limited exceptions. 75 Pa.C.S. §1705(d)
