When clients search for the best personal injury lawyer in Philadelphia, they want someone who can clearly explain how their case will be valued, especially when it comes to pain and suffering damages. At Baratta Law, we use a proven 3-part method to demonstrate the true extent of our clients’ losses and maximize compensation.
Pain and suffering are more than just legal buzzwords. Pain is the physical discomfort from an injury, while suffering refers to the emotional and mental toll it takes. These non-economic damages are unique to every client and often make up the largest portion of a verdict or settlement.
Step 1: Establish Identity Loss
What makes each client’s pain personal is the loss of identity. Whether it’s the loss of independence, a sense of purpose, or self-worth, we dig deep to understand who our client was before the injury. For example, an 85-year-old client who suffered a brain injury could no longer live independently or drive. Her greatest pride was her self-sufficiency, and that was taken from her. Demonstrating how the injury changed her life tells a compelling story that resonates with jurors.
Step 2: Show the Client’s Heroic Journey
Catastrophic injury cases, such as brain injuries, spinal damage, amputations, and burns, can take years to resolve. During this time, we learn our clients’ stories and show how they’ve fought to reclaim their lives. This human element, what we call the “heroic arc,” is essential.
Our 85-year-old client did not let her injury defeat her. Even without her driver’s license, she insisted on attending mass, seeing her grandchildren, and playing bingo. Her resilience helped illustrate the depth of her loss and her courage.
Step 3: Highlight Defendant Negligence
Jurors are more likely to award higher pain and suffering damages if they’re outraged by the defendant’s behavior. In discovery and at trial, we aim to show that the responsible party, be it a trucking company, product manufacturer, medical provider, or property owner, knew their choices could cause harm.
In the example of our elderly client, she fell on a speed bump in a shopping center where the yellow paint had completely worn off. Maintenance records showed the owner was aware of the problem for over a year and did nothing, despite thousands of elderly customers visiting during that time. That kind of disregard increases liability and motivates higher settlements.
Baratta Law has successfully used this 3-part method to secure powerful results in complex personal injury and wrongful death cases throughout Pennsylvania. If you’re looking for a top-rated Philadelphia personal injury attorney who can tell your story and fight for full compensation, contact Baratta Law today.
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