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Non-Economic Damages in Personal Injury Claims
At Kanner & Pintaluga, we understand that the impact of a car accident goes beyond measurable financial losses. The non-financial consequences of a crash often include lasting pain and suffering damages, emotional distress, and loss of enjoyment that continue long after physical injuries have healed.
Non-economic damages, also known as general or pain and suffering damages, seek to compensate victims of car crashes for the mental toll they endure during recovery, as well as any lingering pain and suffering they experience in the long term. These damages are not tangible or quantifiable, meaning they don’t have a clearly discernible monetary value.
The car crash attorneys and trial lawyers at Kanner & Pintaluga excel at crafting cases that clearly demonstrate the impact non-economic consequences have on you and your family.
What Non-Economic Damages Cover
Non-economic damages can cover various forms of harm that aren’t financial in nature, including:
- Pain and suffering: This includes the sensation of pain or discomfort during the crash and recovery, as well as any physical or mental impacts caused by the accident. Examples may include chronic pain and mental health issues, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
- Emotional distress: Many people in car accidents experience emotional distress that affects their ability to work and participate in day-to-day life. For example, they may get flashbacks or nightmares about the accident. The right attorney can help you fight for emotional distress damages.
- Loss of enjoyment of life: Accidents may prevent someone from engaging in activities and hobbies they once enjoyed, leading to fewer experiences and opportunities and an overall decline in happiness. Loss of enjoyment damages can compensate for changes in your quality of life.
- Loss of consortium: Car accidents may strain personal relationships, resulting in the loss of physical intimacy, companionship, or support from a spouse or partner. Loss of consortium can be complex and far-reaching.
- Inconvenience: A car accident can cause changes that make daily routines more difficult. This is often an issue in catastrophic injury car crash cases, where a person must now go through life limited by a physical disability. However, it can also cause PTSD, agoraphobia (fear of leaving one’s home), or amaxophobia (fear of driving or being in a vehicle). These inconveniences can have a significant impact on a person’s life.
- Disfigurement and scarring: Certain injuries might cause permanent disfigurement or scarring. These physical changes can be emotionally and psychologically distressing, altering the way a person sees themselves and interacts with the world. Like many non-economic damages, putting a price on the emotional trauma of disfigurement isn’t easy to do, and your choice of car crash attorney can play a key role in the outcome of your claim or case.
Other types of damages that you might be entitled to after a car accident include punitive damages, which the court awards to a victim for the other driver’s wrongdoing. Talk with a qualified personal injury attorney to learn more about non-economic vs. punitive damages.
How to Prove Non-Economic Losses After a Car Accident
Determining the valuation of non-economic damages is a complex process, as they are often difficult to prove. Unlike economic damages, which can be calculated with certainty based on things such as medical bills, pay stubs, body shop repair estimates, or car replacement costs, non-economic damages involve subjective factors that are unique to each individual’s experience.
Some ways to prove non-economic losses after a car accident include:
- Medical records and provider notes: Detailed records and testimony from healthcare providers can establish the severity of your injuries and ongoing struggles.
- Treatment timelines: Compiling a timeline of all the treatments you receive after an accident may demonstrate the ongoing impact of a car accident on your health and well-being.
- Symptom diaries: Keeping a diary of your symptoms offers personal insights into your day-to-day challenges when recovering from an accident.
- Third-party statements: Getting statements from loved ones and coworkers can help prove your pain and suffering.
It’s important that information is consistent across all medical records, diaries, and statements. Insurers may not want to pay non-economic damages if they notice inconsistencies in your evidence.
What Affects Value?
Several factors can influence the amount of non-economic damages you might receive:
- Injury severity and duration: Typically, the more serious your injury is, the more compensation you will receive. You may also receive a higher amount if your injury has lasted for a long time.
- Injury permanence/impairment: When determining non-economic damages, an insurance adjuster will look at whether your injuries cause long-lasting limitations or a permanent disability.
- Impact on daily life and work: You may receive a higher compensation amount if an injury from a car accident affects your ability to work or perform day-to-day activities.
- Credibility: Adjusters will assess the credibility of your evidence, including medical records and witness statements, when calculating non-economic damages.
Your location can also affect how much you might receive in non-economic damages. The majority of states have comparative negligence laws, which lower an injured person’s compensation if they were partly to blame for an accident. The rules differ depending on the state, so it’s a good idea to work with a personal injury attorney with knowledge of the law in your area.
Kanner & Pintaluga operates in 18 states and provides access to a nationwide bench of attorneys, helping you navigate comparative negligence laws and get the full compensation you and your family deserve.
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How Are Non-Economic Damages Calculated?
Several methods can be employed when calculating non-economic damages, including the multiplier method. This is when economic damages are multiplied by a factor (between one and five) reflecting the severity of non-economic losses.
Another option is the per diem method, which uses a daily rate for pain and suffering, typically based on the length of a person’s recovery. One of the more common approaches with the per diem method is to use the injured person’s average daily earnings. For example, if a person earned $100 a day and it took them six months to fully recover, the calculation might be 183 days * $100.
The right legal professional can ensure you get the highest amount of damages that you are entitled to. They will also compare analyses of similar cases and expert testimonies to understand the impact of your car accident on your quality of life.
Kanner & Pintaluga have decades of experience calculating and justifying maximum non-economic damages for our clients.
It’s Not Just Auto Accidents
Non-economic damages aren’t limited to car accidents. They can also arise in other personal injury cases, including:
- Premises liability: If someone has an injury or accident on another person’s property, the premises owner could be liable for non-economic damages.
- Medical malpractice: This refers to negligence by a healthcare provider that causes harm to a patient.
- Product defects: Broken and malfunctioning products can cause injuries and suffering, resulting in a claim for non-economic damages.
- Workplace injuries with third-party liability: Injuries in the workplace caused by someone other than an employer can be considered for non-economic damages.
- Wrongful death claims: Surviving family members of a victim may claim non-economic damages in a wrongful death suit.
How Insurers Judge (and Challenge) These Damages
Insurers carefully review claims for non-economic damages and often try to find ways to reduce or deny compensation. Here are some common tactics they might use:
- Gaps in care: If you go through periods without any medical treatment, an insurance company might claim that your injuries aren’t as serious as you say.
- Pre-existing arguments: It’s not uncommon for an insurer to argue that a pre-existing health condition caused your injury or pain, rather than the car accident itself.
- Low-impact claims: If you were traveling at a low speed before your accident, an insurer might say that your injuries are minor and you don’t need non-economic damages.
Social media surveillance: An insurer might check your social media profiles for evidence that contradicts your claim.
FAQs
Non-economic damages compensate victims for intangible losses such as pain and suffering, emotional distress, loss of enjoyment, and reduced quality of life.
These are typically calculated using the multiplier or per diem method, depending on the severity and duration of your injuries.
Yes. Medical records, therapy notes, and witness statements can help demonstrate emotional distress damages and their impact on your life.
Loss of enjoyment damages compensate for reduced ability to enjoy hobbies or life experiences, while loss of consortium relates to harm in spousal or family relationships.
A qualified attorney can document your pain and suffering, gather supporting evidence, and negotiate with insurers to ensure you receive fair compensation.
Presenting a Strong Non-Economic Damages Claim
Have you experienced pain and suffering or any other non-economic consequences due to a car accident? Having a supportive and skilled legal team that understands the complexities of these intangible losses can significantly strengthen your claim and increase your chances of receiving maximum compensation.
Kanner & Pintaluga’s car crash lawyers go above and beyond for every one of our clients. Some of the attributes that set our attorneys apart include:
- Compassionate understanding: We approach non-economic damages with empathy, recognizing the emotional toll that a car accident can have on victims.
- Expert legal representation: Our experienced team understands the complexities of non-economic damages claims, utilizing legal expertise to build a compelling case on your behalf.
- Maximizing compensation: Kanner & Pintaluga is committed to helping you secure fair and just compensation that fully reflects your non-economic losses. We’ll also help you receive the support you need for your physical and emotional recovery.
Contact Kanner & Pintaluga today for a free legal evaluation. We’ll guide you through the process of seeking compensation for non-economic damages, helping you move on with your life.
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The team at Kanner & Pintaluga understand how frustrating being involved in a car crash can be. Losing your transportation, having to take time off work to recover, being unable to pay bills due to lost wages and dealing with the pain and suffering of serious injuries can significantly decrease your peace of mind and quality of life. Call today for a free consultation.