Law / Legal / Lifestyle

Understanding Non-Economic Damages in Personal Injury Cases

Understanding Non-Economic Damages in Personal Injury Cases

When you are involved in an accident, you may suffer different types of injuries. Typically, these injuries can be classified into economic and non-economic damages.

While most people are familiar with economic damages, such as medical bills and lost wages, only a few understand how to handle non-economic damages. 

If you are dealing with a personal injury claim, seeking legal help from an expert, such as Attorney Dan Christensen of  DC Law, can be invaluable for you. These professionals are aware of the ins and outs of personal injury cases and help you seek compensation. They are well aware of the significance of non-economic damages a person suffers after an injury and ensure that you get compensation for mental and emotional turmoil.

That said, here is more about non-economic losses. 

What are Non-Economic Damages?

Non-economic damages are a type of compensation that someone injured in an accident receives to cover the intangible losses they suffer, such as pain and suffering. 

Unlike economic damages that can be quickly noticed and quantified, non-economic damages are challenging to calculate. The amount you may be awarded for these damages is subject to the circumstances surrounding your case. 

Common Types of Non-Economic Damages

There are various non-economic damages to claim in a personal injury case. However, the most common is pain and suffering, which includes compensation for the physical pain caused by burns, broken bones, concussions, and other injuries.

Accident-related injuries may also cause loss of enjoyment of life. This means you may no longer participate in your favorite daily activities and hobbies like sports or evening strolls. You may be entitled to non-economic damages to compensate for losing your favorite routine. 

In some cases, injuries can lead to emotional distress, especially when recovery takes a long time. Common issues associated with emotional distress could include anxiety, depression, phobias, and post-traumatic stress disorder (PTSD). If you develop a mental disorder due to an accident-related injury, you may be able to claim emotional distress damages.

Lastly, injuries can cause loss of consortium or companionship. This happens when you cannot relate with your loved ones as you did before the accident. You deserve compensation if your injuries affect your relationships with other people close to you. 

How to Calculate the Value of Non-Economic Damages

As stated before, non-economic damages have no specified value, making it difficult to calculate them. The amount you receive may vary with the severity of an injury and its impact on your life. 

However, insurers have two main methods of estimating non-economic damages: the multiplier and per diem. In the first technique, the insurer multiplies your economic losses by a certain number to value your non-economic losses. Conversely, in the second formula, the insurance company awards you a flat rate of compensation based on the number of days your pain will persist. 

Moreover, depending on your state, the amount of non-economic damages may be limited. This is particularly common in states with tort reform laws, which cap the compensation one may receive for certain types of personal injury cases. 

Collecting Compensation for Non-Economic Damages

To collect compensation for non-economic damages, you can either settle the case outside of court or file a personal injury claim. However, it is best to avoid court battles, which may be complex and costly. 

While you can claim non-economic damages from the at-fault party’s insurance company on your own, it may help to consult a personal injury lawyer. That’s because most insurers may try to exploit you by forcing you to accept less compensation. An attorney can protect your rights, help you evaluate your non-economic damages, and fight for maximum compensation. 

End Note

Non-economic damages in personal injury cases address the emotional and intangible impacts of an accident, such as pain, suffering, and loss of enjoyment of life. With the expertise of top-notch attorneys, you can navigate the complexities of these claims and secure fair compensation, ensuring your emotional and mental well-being is valued.