Personal injury claims are a common occurrence in the legal world, often arising from accidents, negligence, or intentional harm. While economic damages such as medical expenses and lost wages are straightforward to quantify, non-economic damages pose a unique challenge.
In this quick guide, we will explore the concept of non-economic damages in personal injury claims and how they are calculated.
Understanding Non-Economic Damages
Non-economic damages, also known as general damages, refer to compensation awarded for intangible losses that do not have a direct monetary value. These damages differ from economic damages, which cover tangible financial losses like medical bills and lost income.
Non-economic damages typically compensate for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium, among other things.
Factors Affecting Non-Economic Damages
Several factors can influence the amount of non-economic damages awarded in a personal injury claim:
- Severity of the Injury: Generally, the more severe the injury, the higher the potential for non-economic damages. Severe injuries may lead to long-term pain and suffering, loss of enjoyment of life, and emotional distress.
- Age and Occupation: For example, a young person with a long career ahead may be awarded more for loss of future enjoyment of life compared to an older person who is close to retirement.
- Impact on Daily Life: This includes their ability to work, participate in activities, and care for themselves.
Calculating Non-Economic Damages
Unlike economic damages, which have a specific monetary value, there is no set formula for calculating non-economic damages. The amount awarded varies depending on the unique circumstances of each case and the discretion of the judge or jury.
However, some common methods used to calculate non-economic damages include:
- Multiplier Method: This method involves multiplying the economic damages by a number between 1.5 and 5, depending on the severity of the injury, to determine the amount of non-economic damages.
- Per Diem Method: In this approach, a specific dollar amount is assigned to each day that the victim suffers from pain and suffering or emotional distress.
- Comparative Fault: Non-economic damages may also be reduced if the victim is found to be partially at fault for their injuries.
How to Maximize Your Non-Economic Damage Claim
If you have been injured and are seeking compensation for non-economic damages, there are a few things you can do to help maximize your claim:
- Seek proper medical treatment and document all injuries: Ensure you receive prompt medical attention for your injuries and keep detailed records of all treatments, including medication, therapy, and doctor visits.
- Keep a journal: Document how the injuries have affected your daily life, including any pain and suffering, emotional distress, or loss of enjoyment of life. This journal can serve as valuable evidence for your claim.
- Consult with a personal injury attorney: An experienced attorney can help you understand the laws governing non-economic damages in your state and build a strong case to maximize your compensation.
While legal services do come at a cost, the potential financial recovery from non-economic damages can make it worth seeking professional legal assistance. In addition, many reputable law firms, such as Duluth Injury Lawyers, operate on a contingency fee basis, meaning you only pay if they win your case.
How Lawyers Argue for Non-Economic Damages
Lawyers employ various strategies to argue for non-economic damages effectively. They often rely heavily on evidence, including medical reports and expert testimony, to substantiate the claimant’s suffering.
Case studies, such as a plaintiff who received substantial compensation for severe emotional distress following a car accident, illustrate the potential effectiveness of these arguments. In such cases, the plaintiff’s attorney may present evidence of how the injuries have impacted their daily life, including their ability to work and participate in activities they once enjoyed.
Another example is a child who sustained severe injuries in a dog attack, leading to emotional trauma and fear of dogs. The child’s lawyer may present expert testimony on the lasting psychological impact of the incident and argue for compensation for pain and suffering.
Whatever the case may be, effectively arguing for non-economic damages requires a thorough understanding of the law and strong evidence to support the claim. Since the damages are subjective and vary from case to case, skilled negotiation and persuasive arguments are crucial in securing fair compensation.
Final Thoughts
Non-economic damages serve as an essential component of personal injury claims, providing compensation for intangible losses that impact the victim’s quality of life.
Understanding how these damages are calculated and argued for can help claimants receive fair compensation for their suffering. It is crucial to consult with a reputable personal injury attorney and gather strong evidence to support your claim for non-economic damages. With the right legal representation, you can receive the compensation you deserve for your pain and suffering.
Source: The Gumprecht Law Firm, Duluth, GA
