Non-Economic Damages to Think About in a Personal Injury Claim

In personal injury litigation, non-economic damages compensate for non-monetary losses. You may put a value to losses that can’t be quantified monetarily and seek compensation as non-economic damages if you suffer such losses. These damages consist of the following:

• Pain and emotional distress
• Humiliation and reputational damage
• Loss of enjoyment of life
• Disfigurement
• Mental health problems

Pain and Emotional Distress

A physical injury may cause excruciating agony. Additionally, receiving compensation merely for your medical costs does not make up for your physical suffering due to your injuries. Therefore, if your injuries produce physical discomfort, you may include the suffering’s worth in your non-economic damages.

A personal injury accident is a frightening experience, and you’re likely to be in emotional pain due to what you went through. Therefore, the emotional suffering you endure in a personal injury lawsuit is included in your damages.

Humiliation and Reputational Damage

You could experience a social status shift after a personal injury accident. You can also worry about how you’ll be perceived in the community and at work. Your non-economic damages can include the embarrassment and reputational harm you experience.

Loss of Enjoyment of Life

Your injuries could make life less enjoyable for you. When you have injuries, you could worry about your health and income. You will thus have less time and energy to invest in the activities that make you happy and content.

Disfigurement

The disfigurement you endure due to your injury may be included in your non-economic damages if you have scars or other permanent injuries. Scarring or a permanent loss of mobility may not result in financial losses, but it may still substantially impact the rest of your life. In determining the worth of your non-economic damages, disfigurement is taken into account.

Mental Health Problems

If your personal injury accident caused you psychological injuries, you should be compensated for your suffering. The expense of treating a mental injury is not the same as non-economic damages for such an injury. Your non-economic damages reflect the suffering you have endured as a result of the mental stress.

Non-Economic Damages Determination Factors

It is satisfying to know that non-economic losses will be covered by compensation. Still, it is crucial to figure out how much of those damages you will get, which is why hiring a competent personal injury lawyer is essential. When determining non-economic damages in personal injury lawsuits, the following elements are used:

• The extent of the intangible injury
• The duration the intangible injury will last
• How many diverse effects the intangible injury will have
• Additional economic and associated damages caused by intangible injury

How to Calculate Damages That Are Non-Economic

Since the effects of pain and suffering on your life may be indescribable, it isn’t easy to put a monetary value on them. However, judges use their discretion to determine a fair non-economic damages award based on the available evidence and the law.

Therefore, to calculate a reasonable sum for non-economic damages, juries consider evidence of the severity and length of your injuries. Additionally, more serious injuries that linger longer result in greater non-economic damage.

You may provide the following evidence to back up the effects of your injuries:

• Health care records
• Notes from mental health treatment or counseling
• Medication for pain
• Testimony from friends, family, and coworkers

The jury may determine a reasonable non-economic damage judgment for you based on the information presented.

Ways of Strengthening Your Case for Non-economic Damages

You may strengthen your case for non-economic damages in several ways, including:

• Discussing your pain with your doctor
• Seeing a therapist or counselor to discuss mental or emotional problems
• Keeping track of every drug you take, including prescription and OTC
• Talking about your issues with your loved ones, friends, and co-workers
• Requesting assistance when your physical or mental limitations prevent you

Limits for Non-Economic Damages

It is possible to have restrictions on your non-economic damages. However, it relies on the specifics of your case and the location. Some states limit the amount of non-economic damages that you may be entitled to recover to twice or triple the number of your economic damages.

The defendant’s financial resources may also be used to offset non-economic damages. Additionally, your defendant might only pay you a particular sum if they have limited assets or insurance. Furthermore, many insurance plans only pay for a small fraction of losses.

Seek Legal Guidance

Non-economic damages are intended to compensate for the intangible losses you suffered from the personal injury accident. Even though it is difficult to estimate these losses, you may negotiate a fair settlement with the assistance of a competent personal injury attorney.

About the Author:

Leland D. Bengtson

As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest

satisfaction is to convey legal matters to the public in a language that they can understand.

He is active on various platforms and media outlets, writing about common legal issues that

people confront with every day. While medical malpractice is his strong suit, Leland covers

plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.