Calculating a Fair Settlement Value for Soft Tissue Injuries After a Pennsylvania Car Accident
Soft tissue injuries—sprains, strains, whiplash—often lack clear medical tests, yet they can cause significant pain and financial loss. To estimate a fair settlement value under Pennsylvania law, you must assess both economic and non-economic damages, apply relevant insurance rules, and account for any comparative negligence. Below is a step-by-step approach.
1. Identify and Total Economic Damages
Economic damages reimburse actual financial losses you incurred due to the accident. Common categories include:
- Medical Expenses: Sum of all reasonable and necessary charges—ER visits, diagnostic imaging, chiropractic or physical therapy bills. Use billed amounts or usual, customary, and reasonable (UCR) rates.
- Lost Income: Wages lost for time off work. Include vacation or sick days used. If your capacity to earn is diminished long-term, calculate the present value of future wage loss.
- Out-of-Pocket Costs: Travel for appointments, medical devices, home care services.
Example calculation: $5,000 medical + $2,000 lost wages + $300 mileage = $7,300 economic damages.
2. Estimate Non-Economic Damages
Non-economic damages compensate for pain, suffering, emotional distress, and loss of enjoyment of life. Pennsylvania has no statutory caps on non-economic damages in auto injury cases, but insurers use multipliers or per-day formulas.
- Multiplier Method: Multiply your economic damages by a factor (typically 1.5–3.5) based on severity, recovery time, and permanence. A mild soft tissue claim might merit 1.5×; a more severe, persistent case 3× or above.
- Per-Day Method: Assign a daily rate (e.g., $100–$300) for each day you experienced pain, then multiply by the number of days until maximum medical improvement (MMI).
Example: $7,300 economic × 2.0 multiplier = $14,600 non-economic damages.
3. Consider Pennsylvania No-Fault and “Serious Injury” Threshold
Pennsylvania’s Motor Vehicle Financial Responsibility Law (75 Pa.C.S. § 1711) provides up to $5,000 per person in first-party Personal Injury Protection (PIP) benefits regardless of fault. You can sue the at-fault driver for additional economic or all non-economic damages only if you meet the “serious injury” threshold:
- Significant disfigurement or physical impairment.
- Bone fracture of any kind.
- Permanent injury or loss of a bodily function.
Soft tissue injuries alone often fail to meet this threshold. If your injury qualifies, you may recover the full measure of non-economic damages; if not, you remain limited to PIP.
4. Adjust for Comparative Negligence
Pennsylvania follows pure comparative negligence (42 Pa.C.S. § 7102). If you share fault, your total damages reduce in proportion to your percentage of fault.
Example: Settlement demand = $22,000, your fault 10% → recoverable = $22,000 – (10% × $22,000) = $19,800.
5. Draft a Reasoned Demand Package
- Include itemized medical records and medical provider summaries.
- Provide wage statements or employer affidavits.
- Detail daily pain journals to support non-economic claims.
- Cite relevant statutes and case law defining thresholds and damages.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Pennsylvania attorney about your specific situation.
Helpful Hints
- Keep detailed records of all medical visits and related expenses.
- Track daily symptoms in a pain and activity journal.
- Request UCR rate schedules from insurance adjusters to verify billed amounts.
- Obtain a medical expert’s opinion if your soft tissue injury persists past MMI.
- Consult an attorney early to ensure you meet the “serious injury” threshold if applicable.