What Non-Economic Damages Cover in Personal Injury Claims
What Non-Economic Damages Cover in Personal Injury Claims
When someone injures you due to their negligence, you suffer damage beyond the medical bills and lost wages. You could be feeling pain, suffering, or even losing enjoyment in life. These are all real damages that deserve acknowledgment. “Non-economic damages” refers to the compensation awarded for the personal, human distress suffered by a claimant. You cannot place a dollar and cent value on this. Knowing what they cover helps you see the whole picture of what you could be entitled to after an accident.
Table of contents
Pain and Suffering
This refers to any pain and discomfort you experience as a result of your injuries. It includes not just the immediate pain from the incident but also ongoing or chronic pain that lasts long after treatment is complete.
For instance, if you injure your back and experience ongoing pain or are unable to move freely, non-economic damages recognize that continued harm. This category also includes the mental tortures that one goes through, such as anger, rage, and sadness due to the pains lived through every day.
Emotional Distress
Emotional distress is the mental and psychological pain and suffering that occurs from the accident or injury. It includes anxiety, depression, post-traumatic stress disorder (PTSD), fear, or the inability to sleep.
The damages recognize that recovery goes beyond the body; it also concerns the mind.
Loss of Enjoyment of Life
When an injury prevents you from doing something that made you happy, that is a true loss of great value. The non-economic damages for loss of enjoyment of life reimburse you for not being able to participate in hobbies, sports, travel, or other personal pursuits that used to enhance your daily life. For instance, if you enjoyed hiking or dancing, and your injuries now make those activities painful or impossible, then you can seek damages for the loss of quality of life.
Disfigurement and Physical Impairment
You will receive this kind of damage because of the pain and suffering caused by scarring or disfigurement to your person and the inability to do the physical things you could do before. Whenever a burn injury impacts you physically and emotionally, you can claim damages to compensate you. If, for example, a burn injury scars you noticeably or leaves you unable to move your limb, these damages help in acknowledging that.
Loss of Consortium
Personal injury affects not just the victim but also the loved ones. Loss of consortium damages are intended to put a price on the loss of companionship, affection, comfort, and sexual relations because of the injury to a loved one.
For instance, if a spouse is unable to participate in the physical or emotional intimacy of the marriage because of the injury, that uninjured spouse may be compensated. This type of damage acknowledges the deep personal loss families suffer when injuries disrupt their emotional bonds and daily lives.
Humiliation and Reputational Harm
This is less common, but sometimes there are non-economic damages for humiliation or harm to reputation. A personal injury claim can apply when an injury causes embarrassment, scarring, or disability that makes the victim feel socially unaccepted or embarrassed. The emotional distress that comes with being treated differently or unfairly because of your injury or condition.
Conclusion
Non-economic losses impact your life in an important way. They know that you are hurt, have an emotional problem, and that your injury has changed the way people relate with you as well as how you view yourself.
While difficult to quantify, these damages serve an important role in personal injury law. Namely, they ensure justice takes into account everything you lost, not just money.
Key Takeaways
- Non-economic damages include pain and suffering, emotional distress, and disfigurement.
- Your quality of life, relationships, and self-image are the subject of these consultations.
- These damages help ensure that you and your family receive recognition for your suffering.
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