Car accidents often bring not only physical injuries but also emotional and mental challenges that can deeply affect your quality of life. While medical bills and lost wages are easier to calculate, the effects of stress, trauma, and a reduced ability to enjoy life are just as significant and deserve attention. Understanding these non-economic damages is key to receiving fair compensation.
Pain and suffering claims address the physical discomfort and emotional distress caused by the accident. By learning how these damages are evaluated and claimed, you can better protect your rights and ensure that the full extent of your suffering is acknowledged in the recovery process.
What are Non-Economic Damages?
Not every loss from an accident can be measured by medical bills or repair costs. Non-economic damages refer to the intangible losses you experience after a crash that can affect your quality of life. These include pain, emotional trauma, and long-term physical injuries.
Types of Non-Economic Damages That You Can Claim
When seeking compensation for personal injuries or losses, it’s important to understand the various types of damages that can be claimed. Here are the different types of non-economic damages you can pursue:
Pain and Suffering
This is the most common type of non-economic damage. It refers to the physical pain and discomfort that a victim endures due to the accident. This can also encompass long-term injuries and pain, such as back pain or headaches, as well as conditions that disrupt daily life.
Emotional Distress
Emotional distress refers to the psychological challenges individuals may encounter after a car accident. This includes depression, anxiety, or post-traumatic stress disorder (PTSD). If you experience flashbacks, trouble sleeping, or a fear of driving again after an accident, these symptoms can be used to support your claim. Recent research indicates that PTSD is becoming increasingly common among car accident survivors, with nearly half developing some symptoms.
Loss of Life Enjoyment
This is the situation where you are no longer able to enjoy hobbies or activities that you once loved because of your injuries. For instance, you were fond of sports, and now cannot indulge in them because of your injuries, you might be entitled to loss of enjoyment.
Loss of Consortium
There are certain injuries that might not allow you to nurture important relationships anymore. Loss of consortium deals with the damages that an accident creates in your relationships. This also includes the loss of companionship, love, and care between spouses or members of the family.
Disfigurement and Disability
If a crash leaves you permanently scarred, disfigured, or with a long-term disability, you might also be entitled to this claim. Certain injuries not only impact your body but also your confidence, independence, and capability to live a normal life.
How Do Courts Measure Non-Economic Damages?
Because there are no receipts for these damages, the courts tend to determine their values using alternative measures. One approach is known as the multiplier method, in which your economic loss will be multiplied by a number depending on how severe your injury has been.
The other is the so-called per diem method, where your pain is assigned a daily figure and multiplied by the days you are likely to have the pain.
Final Thoughts
Non-economic damages can be more difficult to quantify than simple medical expenses or lost income, but they have a potent impact on supporting victims of an accident in reshaping their lives.
Key Takeaways:
- Non-economic damages cover pain, trauma, and loss of life quality.
- Emotional distress, loss of enjoyment, and consortium are key claims.
- Disfigurement and disability impact confidence, independence, and daily life.
- Courts use multiplier or per diem methods to calculate value.
