An accident can affect more than your finances. Pain, emotional distress, and reduced enjoyment of life are known as non‑economic damages. In Savannah, victims may recover compensation for these intangible losses. This article explains what non‑economic damages are, how they are calculated, and how Georgia law affects them.
What Are Non‑Economic Damages?
Non‑economic damages are compensation for losses that cannot be easily measured in dollars. While economic damages cover things like hospital bills and lost paychecks, non‑economic damages address the human impact of an injury. They seek to make up for pain, emotional suffering, loss of enjoyment of life, and other intangible harms.
Since these losses are subjective, calculating them can be complex. Courts and insurance companies consider various factors to assign a fair value. Non‑economic damages acknowledge that money cannot replace health or happiness, but it can help alleviate the burden and provide some measure of justice.
Types of Non‑Economic Damages
Non‑economic damages may include:
- Pain and suffering, which covers physical pain and emotional distress
- Emotional distress damages for anxiety, depression, or post‑traumatic stress disorder
- Loss of enjoyment of life when an injury prevents you from participating in activities you once loved
- Loss of companionship or consortium when relationships suffer
- Disfigurement or scarring
Your claim may include one or more of these depending on your circumstances.
Calculating Non‑Economic Damages
Non‑economic damages are subjective, so courts and insurers use methods like the multiplier and per diem approaches to estimate their value. The multiplier method multiplies economic damages by a number that reflects injury severity and recovery time. The per diem method assigns a daily rate to pain and suffering and multiplies it by the number of days the victim is expected to have suffered.
Courts also consider injury seriousness, credibility, and similar cases. There is no exact formula, so awards vary. An attorney can help you present evidence to support a higher value.
Factors Affecting Non‑Economic Damage Awards
Many factors influence non‑economic damages. More severe injuries, disfigurement, or chronic pain generally lead to higher awards. Your age and lifestyle matter too; injuries that limit the activities of a young, active person may warrant more compensation than those affecting someone with a sedentary lifestyle.
Jurors and adjusters also consider your credibility and how the injury has changed your daily life. Comparative fault plays a role. Georgia’s modified comparative negligence system bars recovery if you are more than 49 percent responsible. If you are less than 50 percent at fault, your award is reduced by your percentage of fault. For example, if you were injured in a collision where your damages were valued at $100,000 and you were found to be 30 percent at fault, you may still be able to recover 70 percent of your damages or $70,000.
Evidence to Support Non‑Economic Damages
To prove non‑economic damages, gather evidence that shows how your injury affects your life. Keep a journal of your symptoms, doctor visits, and activities you can no longer do. Ask friends, family, or coworkers to describe changes they have observed.
Photos of injuries, medical records, and notes from therapists or counselors also help. Document hobbies or social events you enjoyed before the accident and explain how your injury prevents participation. This detailed documentation makes your experience real to a judge or jury.
Working With a Personal Injury Attorney to Recover Damages
Pursuing non‑economic damages is challenging because insurers may undervalue intangible losses. A Savannah personal injury attorney can help you gather evidence, present your case, negotiate with insurers, and represent you at trial if necessary.
Your legal team can also ensure that you comply with applicable deadlines. In Georgia, you typically only have two years to file a personal injury lawsuit. If your case is not brought prior to the statute of limitations expiring, you can be barred from recovering damages entirely.
Additionally, lawyers know how to tell your story and apply valuation methods to argue for a fair amount. They ensure your claim meets deadlines and procedural rules. Having a local attorney who understands Savannah courts and juries can make a difference in your claim.
Contact Jamie Casino Injury Attorneys for a Free Consultation With a Savannah Personal Injury Lawyer
Non‑economic damages acknowledge that an injury’s impact goes beyond physical injuries, medical bills, lost wages, reduced earning capacity, out-of-pocket expenses, and property damage. They compensate victims for pain, emotional distress, loss of enjoyment of life, and other intangible harms. Valuation methods such as multipliers and per diem rates depend on injury severity, age, lifestyle, and comparative fault. However, it is crucial to work with a skilled personal injury attorney who can evaluate the full extent of your losses and fight for the just compensation you deserve.
For more information, contact Jamie Casino Injury Attorneys at (912) 355-1500 to schedule a free consultation with an experienced Savannah personal injury lawyer.
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