Why Non-Economic Damages Are Important in Personal Injury Cases
Why Non-Economic Damages Are Important in Personal Injury Cases
People are usually aware of economic damages such as medical bills and lost wages in a personal injury case. However, non-economic damages are just as important, which actually cover the physical pain, emotional suffering, and changes in quality of life after an injury.
In this blog post, we will explore why non-economic damages are important in personal injury cases.
Table of contents
What Are Non-Economic Damages?
Let us understand first what the non-economic damages are. Non-economic damages are the compensation for losses that do not have a specific dollar amount. They cover things like pain and suffering, emotional distress, loss of enjoyment of life, loss of companionship, disfigurement, and mental anguish.
These damages aim to recognize the personal and emotional impact an injury has on a person’s life. Unlike medical bills or lost wages, non-economic damages deal with the invisible effects of an accident, as they are important to help victims recover for damages beyond just financial losses.
Why Are Non-Economic Damages Important?
There are many reasons why the non-economic damages are also quite important, just as the economic ones, because, in a personal injury case, these damages cover harms that money cannot easily measure. They recognize pain, emotional suffering, and how injuries affect a person’s daily life.
It is these non-economic damages that actually ensure fair and just compensation beyond bills and lost wages for you. They reflect the true impact on a victim’s emotional well-being and quality of life. Without these damages, victims might not get full justice for their suffering and the changes to their lives caused by the injury.
How Are Non-Economic Damages Calculated?
Though the economic damages can be easily calculated, there are also ways in which the non-economic damages are measured. These damages are harder to quantify because they involve personal pain and emotional suffering.
Here, the most common methods used include the multiplier method, where economic damages are multiplied by a number based on injury severity, and the per diem method, which assigns a daily dollar amount for pain and suffering. And these factors influencing the amount include how severe the injury is, its impact on daily life, the victim’s age, and lifestyle. Expert and personal testimony often help show the true effect on the victim.
What Types of Non-Economic Damages Can Be Claimed?
These are some of the various types of non-economic damages that can be claimed:
- Pain and suffering cover the physical pain and discomfort caused by the injury. It includes both ongoing pain and the effects during recovery.
- Emotional and psychological distress damages compensate for feelings like anxiety, depression, fear, and stress caused by the injury.
- Loss of consortium or companionship refers to the loss of support and affection from a spouse or family member due to the injury.
- Loss of enjoyment of life means the inability to enjoy hobbies, activities, or daily life as before the injury.
- Disfigurement and permanent impairment cover scars, physical changes, or lasting disabilities caused by the injury.
The Role of Legal Representation in Non-Economic Damages Claims
It is easy for personal injury case victims to ignore these damages when they are not aware, but legal help is very important. Experienced lawyers know how to value and prove non-economic damages. They negotiate with insurers to get fair settlements for their clients.
When insurance offers are too low or damage caps limit payments, lawyers can take the case to court. Skilled legal representation ensures victims get the full compensation they deserve, including for pain and suffering or loss of quality of life. And, without a lawyer, victims may miss out on rightful non-economic damages in their claims.
Conclusion
Knowing about non-economic damages helps accident victims understand they can get compensation for more than just money spent, as these damages show and recognize how injuries affect mental and emotional health.
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