LAW

Everything You Need to Know About Non-Economic Damages in Personal Injury Law

Economic-Damages-in-Personal-Injury-Law

In an average personal injury claim, you receive a settlement for medical expenses, lost income, property damage, and other financial losses. These are economic expenses.

But victims do not sustain only economic losses. They also suffer non-economic losses. It is best to seek compensation for these non-economic losses too.

Non-economic damages compensate for intangible losses such as pain and suffering incurred due to your injuries. These damages do not have any invoices or bills to prove their value. But that does not mean you should accept a low settlement offer. Contact a personal injury lawyer to get the compensation you deserve.

Examples of Non-Economic Damages

There are several types of non-economic damages, these include:

Physical Pain and Discomfort

Many types of injuries cause severe pain and suffering. From broken bones to burns, you may experience distress for months or even years. Some may cause lifelong complications.

Recovering only for your medical expenses does not make up for the pain and suffering you endure. It is your right to get compensation for the pain caused by accidents.

Diminished Quality of Life

When you sustain injuries in an accident, you may be unable to do the activities you used to do before. These injuries may cause short-term or long-term interruptions to your daily routine. You may also no longer be able to do the things you used to enjoy, such as surfing or hiking.

For example, if you used to be an athlete but sustained severe leg or spinal injuries, that prevent you from continuing with your passion, you deserve compensation.

Permanent Disabilities or Impairments

Your life changes forever if you are permanently impaired or disfigured after an accident. These disabilities can impact you emotionally and physically. These injuries entitle you to a good amount of non-economic damage.

Loss of Companionship

Some injuries may affect how you relate to your loved ones compared to how you did before getting hurt. You may not play with your children or go outdoors for fun activities with your friends and family. You deserve compensation for the loss of these crucial aspects of your relationships.

How to Calculate the Value of Non-economic Damages

There is no definite formula used to calculate non-economic damages. However, insurance companies and lawyers use two standard methods. These methods are:

The Multiplier Method

This method assigns a figure between 1.5 and 5 to your losses. The value of your economic losses is multiplied by this figure to determine your non-economic losses. The insurers base a number on factors such as the severity of injuries and the duration of your recovery.

Cases involving permanent disabilities receive higher multipliers than less severe injuries.

The Per Diem Method

In the per diem method, they give a daily value. This value involves determining the number of days you are in pain and paying you a certain amount daily until you fully recover.

How to Prove You Are Entitled to Non-economic Damages

Insurance companies often downplay the victims’ non-economic damages by claiming the victim is exaggerating due to a lack of tangible proof. You can, however, improve your chances of recovering maximum compensation by doing the following:

  • Seek prompt medical attention after an accident
  • Follow your physician’s treatment plan
  • Keep a record of your recovery with pictures of your injuries
  • Report to your doctor immediately in case your symptoms worsen
  • Avoid posting your condition on social media until you resolve your case

Keeping a journal and writing details about your recovery can help your attorney prepare a convincing narrative depicting your suffering.

Conclusion

Evaluating the extent of non-economic damages may be difficult. However, this should only encourage you to make your claim. With the help of an experienced lawyer, you can get the settlement you deserve.