An accident can affect more than your finances. Pain, emotional distress, and reduced enjoyment of life are known as non‑economic damages. In many personal injury cases, injured individuals may be able to recover compensation for these intangible losses.
This article explains what non‑economic damages are, how they are calculated, and how personal injury law affects them.
What Are Non‑Economic Damages?
Non‑economic damages are 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 are intended to compensate injured individuals 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 can influence the value of non-economic damages. More severe injuries, permanent disabilities, disfigurement, or chronic pain often support higher awards. A person’s age, lifestyle, and the extent to which the injury affects their daily activities, relationships, and overall quality of life may also be considered.
In some cases, an injured person’s own actions may affect the amount of compensation they can recover. Many states follow some form of comparative fault rule, which reduces an award based on the injured person’s percentage of responsibility for the accident. The specific rules vary by state, and some states limit or prohibit recovery if an injured person is found to be primarily at fault.
For example, if a person’s damages are valued at $100,000 and they are found to be 30% responsible for the accident, their recovery may be reduced by 30%, allowing them to recover $70,000, depending on the applicable state law.
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 type of evidence can help demonstrate how your injuries have affected your daily life and overall well-being.
Working With a Personal Injury Attorney to Recover Damages
Pursuing non‑economic damages is challenging because insurers may undervalue intangible losses. A 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. If your case is not filed within the applicable statute of limitations, 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. Having an attorney who understands local courts and juries can make a significant difference in your claim.
Contact Jamie Casino Injury Attorneys for a Free Consultation With an Experienced Personal Injury Lawyer
Non-economic damages recognize that the effects of an injury extend beyond measurable financial losses such as 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 personal injury attorney.
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