What Are Non-Economic Damages?

Accidents involve more than just physical injuries and loss of income. They have an immediate impact on your health and well-being, but that’s not where their influence stops. In the days following an accident, you can find yourself contending not only with injuries but also with stress, emotional pain, and other mental conditions brought on by your circumstances.

These losses are known as “non-economic losses” or “noneconomic damage.” While they do not have an assigned dollar value, you can still include them in a civil complaint. Our attorneys at Setareh Law can present proof of their value and help you win the financial support you need to fully recover from your personal injury incident.

Economic Versus Non-Economic Losses

Injured parties have to contend with two kinds of losses after their accidents. Economic losses are losses that come with bills. These can include the cost of medical treatment, medical bills, lost wages, or essential home care aids. Future medical expenses, which cover ongoing treatment and care, are also considered economic losses. Non-economic losses, comparatively, are more difficult to assign value to. These losses can include pain and suffering, emotional distress, and the effect of an accident on your mental health.

Economic losses are not inherently better than non-economic losses. Rather, it can be easier to calculate the value of economic losses. That, however, doesn’t bar you from requesting financial support based on your non-economic losses. You can reference legal precedents throughout the state to determine what other parties have received for non-economic losses similar to yours.

Common Non-Economic Losses

As mentioned, pain and suffering, emotional distress, and stress are some of the most common non-economic losses to appear in post-accident civil claims. Individuals who have suffered injuries often experience pain and suffering, emotional distress, and stress as common non-economic losses. Others can include:

• Inconvenience
• Loss of companionship
• Loss of consortium
• Loss of enjoyment of life
• Loss of society
• Wrongful death

You may even request non-economic damages for conditions like PTSD or accident-related trauma. These conditions do qualify as non-economic losses even if you pursue therapy for them because the conditions themselves do not come with a pre-assigned economic value. The conditions themselves are non-economic, while the cost of therapy or treatment constitutes an economic loss.

Proving Non-Economic Damages

Proving non-economic damages can be a challenging task, as they are subjective and do not have a specific dollar amount. However, there are several ways to demonstrate the extent of non-economic damages:

1. Keep a pain and suffering journal: Documenting your daily experiences, emotions, and struggles can help illustrate the impact of the injury on your life. This journal can serve as a powerful piece of evidence in your case, showing the day-to-day challenges you face due to your injuries.
2. Provide detailed information about your daily life: Share information about activities you can no longer perform, changes in your relationships, and any other ways the injury has affected your daily life. This detailed account can help paint a comprehensive picture of your non-economic losses.
3. Work with a personal injury lawyer: A lawyer can help you prepare a compelling narrative that showcases the level of suffering caused by the accident and injury. They can guide you in gathering the necessary evidence and presenting it effectively.
4. Gather evidence from medical professionals: Medical professionals can provide expert testimony about the extent of your injuries and the impact on your mental and emotional well-being. Their insights can lend credibility to your claims of non-economic damages.
5. Use visual aids: Visual aids such as photographs, videos, and diagrams can help illustrate the extent of your injuries and the impact on your daily life. These aids can make your suffering more tangible and relatable to a jury or judge.

Non-Economic Damages in Medical Malpractice Cases

Non-economic damages in medical malpractice cases can be particularly complex, as they often involve severe injuries or wrongful death. In these cases, non-economic damages may include:

1. Pain and suffering: Compensation for the physical and emotional pain caused by medical malpractice. This can cover the immediate pain from the injury as well as ongoing discomfort.
2. Emotional distress: Compensation for the emotional trauma caused by medical malpractice. This can include anxiety, depression, and other mental health issues that arise as a result of the malpractice.
3. Loss of enjoyment of life: Compensation for the impact on the victim’s quality of life. This can cover the inability to participate in activities and hobbies that were once enjoyed.
4. Mental anguish: Compensation for the emotional distress and anxiety caused by the medical malpractice. This can include the stress and suffering experienced due to the injury and its aftermath.

Caps on Non-Economic Damages

Caps on non-economic damages are laws that limit the amount of non-economic damages that can be awarded in a personal injury case. These caps can vary by state and jurisdiction and may be based on a fixed amount or a percentage of the plaintiff’s economic damages.

1. Fixed amount caps: Some states have a fixed amount cap on non-economic damages, such as $250,000. This means that no matter the extent of the non-economic losses, the compensation cannot exceed this amount.
2. Percentage-based caps: Other states have a percentage-based cap, such as 2-3 times the plaintiff’s economic damages. This ties the non-economic damages to the quantifiable economic losses, potentially allowing for higher compensation in cases with significant economic damages.
3. Caps on specific types of cases: Some states have caps on non-economic damages for specific types of cases, such as medical malpractice or product liability. These caps are designed to limit the financial exposure of defendants in these particular types of cases.

Non-Economic Multipliers and Your Accident Compensation

When attorneys calculate non-economic damages and the value of your accident’s losses, they begin by establishing the cost of your economic recovery. These calculations can see you present all of the bills related to your recovery as evidence of the cost forced on you by a negligent party.

Once attorneys establish the economic value of your accident, we can use that number to elaborate on your non-economic losses. More specifically, we can apply a multiplier to your economic estimate. That multiplier, as pre-determined by the state, can represent the overall value of your accident’s non-economic expenses.

What Is the Purpose of Non-Economic Damages?

At first glance, calculating the non-economic losses related to your case may seem unnecessarily complicated. However, it’s important to acknowledge these losses as a consequence of your accident, especially since insurance companies often downplay the extent of non-economic damages. When we estimate the value of these losses, we hold your pain and suffering in as high of a value as your physical injuries.

What’s more, calculating your non-economic damages allows us to help you fight for additional case compensation. Should you win your case, you can use this compensation to restore your previous quality of life.

Statute of Limitations for Non-Economic Damages

The statute of limitations for non-economic damages varies by state and jurisdiction. In general, the statute of limitations is the time limit for filing a lawsuit, and it can range from one to six years from the date of the accident or injury.

1. Time limits: The time limit for filing a lawsuit can vary depending on the state and jurisdiction. It is crucial to be aware of these limits to ensure your claim is filed on time.
2. Exceptions: There may be exceptions to the statute of limitations, such as if the victim was a minor at the time of the accident. Other exceptions might include cases where the injury was not immediately discovered.
3. Filing a claim: It is essential to file a claim within the statute of limitations to ensure that you can recover compensation for your non-economic damages. Missing this deadline can result in losing your right to seek compensation.

By understanding these aspects of non-economic damages, you can better navigate the complexities of your personal injury case and work towards securing the compensation you deserve.

Reach Out to a Personal Injury Lawyer at Setareh Law for Help Calculating Your Damages

As you’re recovering from an accident, you need to know all about your right to request financial support for your losses. Non-economic damages allow you to include unbillable losses, like emotional distress, in your accident claim, which can be crucial when dealing with healthcare providers.

If you’re struggling to estimate the compensation you might be owed after an accident, contact Setareh Law. Our attorneys can discuss the extent of your losses and how you can include them in a personal injury complaint. Call (310) 659-1826 or contact us online to schedule your first case consultation today. We also speak Spanish.