Have you experienced pain and suffering because of a car accident, truck accident, or other personal injury in New York? You deserve to be compensated fairly for the non-economic damages in your personal injury case. The first step in receiving a fair settlement is to understand the damages you can include in your claim.
Keep reading to learn more about the role that non-economic damages can play in your case.
Examples of Non-Economic Damages in a Personal Injury Case
An accident or personal injury can cause various damages. An injured party often incurs financial losses or economic damages, including medical bills and loss of earnings.
They also may sustain non-economic losses, such as:
Emotional Distress and Mental Anguish
Being involved in an accident and sustaining injuries can cause anxiety, stress, and depression. Emotional distress and mental anguish can also take the form of post-traumatic stress disorder (PTSD).
The constant worry about how you will pay your bills and living expenses if you are unable to work can be overwhelming. Some victims may experience panic attacks, flashbacks, and nightmares.
Disfigurement and Impairment
Another party’s negligence or intentional acts can cause a victim to suffer from significant disfigurement and scarring. A victim may require surgical amputation or suffer from a loss of limb.
The result of severe injuries could be a permanent impairment or disability. These conditions and injuries have life-altering consequences, including the inability to work, perform daily tasks, and engage in activities the victim enjoyed before their injuries.
Loss of Enjoyment of Life and Quality of Life
A victim may be unable to participate in various activities they once enjoyed, care for their children, or meet their personal needs. As a result, they may experience diminished quality of life and a loss of enjoyment of life.
Catastrophic injuries often result in a significant change in a person’s life. However, even minor injuries can cause a temporary change in a person’s daily habits while they recover from their injuries.
Physical Discomfort and Pain
Injuries often cause pain and suffering. The level of pain depends on the type and severity of the injury, and some injuries can cause chronic pain.
Proving Non-Economic Damages for a Personal Injury Case
Pain and suffering are subjective, which means that every case is different. Unfortunately, it can be challenging to prove the degree of your suffering.
Evidence that may be used to prove non-economic damages includes:
- Medical records
- Opinions from medical specialists and experts
- Photographs of your injuries
- Testimony from family and friends
Your testimony is also essential. Starting a pain and suffering journal helps you remember details about your recovery. Make notes about the level of pain you experience and how it has impacted your daily tasks. Additionally, you should record activities and events you have missed because of your injuries and your emotional state throughout your recovery.
How Much Are Non-Economic Damages Worth?
Putting a price on pain and suffering is impossible. However, the only way a court can compensate a victim for their suffering and pain is to hold the at-fault party liable for a monetary judgment.
The multiplier method is a common method for determining the value of non-economic damages. Based on the factors of the case, a multiplier between one and five is assigned. That number is multiplied by the victim’s economic damages (monetary losses). The result is the value of non-economic damages.
Factors that can impact the multiplier include:
- The type of injuries sustained
- The severity of a person’s impairments and disabilities
- The person’s appearance after the accident (i.e., scarring and disfigurement)
- Whether the person can keep working to earn an income
- The ability to care for children and actively participate in their lives
- Whether a person can tend to their personal needs
- How the person’s injuries impact their relationships with their spouse, family members, and friends
Generally, the multiplier increases as the severity of the injuries increases. For example, the multiplier for a traumatic brain injury that causes permanent impairments will be higher than the multiplier for a broken arm that heals in a few months without long-term harm.
Insurance companies often downplay non-economic damages. If a victim is unaware they are entitled to these damages, the company will not willingly volunteer to compensate the victim. Likewise, the insurance company may offer an amount for non-economic damages that it knows is far below the actual value the victim should receive.
Schedule a Free Consultation With Our Middletown Personal Injury Lawyers
Understanding the damages you can receive for a personal injury claim helps you recover a fair settlement amount. Don’t trust an insurance company to be honest with you about how much your claim is worth, as their goal is to protect their bottom line.
Schedule a free consultation with an experienced Middletown personal injury lawyer at Rolo Personal Injury Lawyers. Or for more information you can call us at 845-383-7790.
