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Why Can Delay Damages Now Be Added To Future Medical Expenses In PA?

Posted Scott B. Cooper on Feb 10, 2014 in Car Accidents

Last Friday, February 7, 2014, the Pennsylvania Superior Court opinion in Roth v. Erie, --- A.3d --- (Pa. Super. Ct. Feb. 7, 2014) involving the issue of delay damages and future medical expenses was released.  The trial court held that delay damages only apply to damages for pain and suffering and not the amount of $20,000 which was allocated towards future medical expenses.  The future medical expenses were awarded after a Pennsylvania car accident.

The Superior Court opines that the future medical expenses are related to the injured Plaintiff’s bodily injuries and are covered under Rule 238.  Therefore, delay damages can be awarded for future medical expenses.  The Superior Court holds that the trial court erred and delay damages should be added to the amount of future medical bills.

If you or a loved one are seriously injured in a Pennsylvania car accident because of another driver or truck driver, contact an experienced Harrisburg car accident lawyer at Schmidt Kramer.  We can answer any questions or concerns you have about a car accident in Lancaster, Harrisburg, Camp Hill, Hershey, Lebanon, and all of Central Pennsylvania.

Our toll-free number is 888-476-0807 or dial 8 at 717-888-8888 and the case evaluation is free. Alternatively, you may wish to download a free copy of our book Who Pays the Bills When You Are Injured in an Automobile Accident? for additional information.