5 FAQs on Non-Economic Damages in Personal Injury Law

Remember, every case is not the same. The key is to document your experiences and seek the guidance of an experienced lawyer who can see you through the process.

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Getting injured because of someone else’s negligence can be devastating. In addition to medical bills and lost wages, you suffer emotionally and your quality of life takes a hit as well. These intangible losses fall under the category of non-economic losses in personal injury law.

Understanding non-economic damages is important, especially if you’re someone from the city of St. Petersburg. There are reports that say that the second-most populous city in Florida sees over 100 accident fatalities every year.

Many people are unfamiliar with non-economic damages, and they do not know how to handle them. This is where personal injury law firms in St. Petersburg come into play. They help victims understand their rights and help them get proper compensation for all kinds of harm suffered.

Let’s explore five common questionsabout non-economic damages in personal injury law.

1. What are Non-economic Damages?

Non-economic damages represent losses that are not easily quantified. These are awarded to compensate for the non-quantifiable type of suffering and do not represent an economic loss like medical bills or income loss. Examples of non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of consortium
• Loss of enjoyment
• Disfigurement or scaring

These kinds of damages reflect the fact that the extent of injuries can cost much more than the financial compensation awarded.

2. How are Non-economic Damages Calculated?

There is no specified formula to determine amount of the non-economic damages. Courts and insurance companies consider various factors about your case, such as

• The severity of the physical injury
• The length of time that the effects are likely to last
• The impact on day-to-day activities and quality of life
• The age of the victim and general health before the injury

Lawyers may use different calculations such as the

• The multiplier method: Multiplies the economic damages by a number between 1.5 and 5 depending on the severity of the condition
• Per diem method: Assigns a daily rate to the suffering. This is normally the victim’s daily wage

3. Is there Limit on Non-economic Damages?

The answer depends on where you live. In certain scenarios, a cap is established or a limitation is placed on the non-economic damages which can be awarded. For instance, a state might limit non-economic damages to something like $250,000 or twice the number of economic damages.

Sometimes, juries will typically award what they believe is fair based on the facts. You really need to speak with a lawyer from your state, who knows the law and can advise you on how it might impact your case.

4. Do I Need to Prove Non-economic Damages?

Yes. You need to prove your claim for non-economic damages.

This can be hard because there won’t be receipts or bills for your pain and suffering. Here are some common types of evidence:

• Your own testimony regarding how the injury has affected your quality of life
• Statements from friends and family about changes they have noticed
• Testimony from mental health experts
• Photos or videos showing limitations or appearance changes
• Keep journals on your daily pain and emotional state

The stronger your evidence, the better chance of getting fair compensation.

5. Can I get Non-economic Damages for Minor injuries?

Yes, but this is not very common. Non-economic damages are likely to be granted in the most serious of injury cases or in cases with long-term effects. In many cases of minor injuries, it is tough to prove significant pain and suffering and emotional distress.

But even minor injuries often develop into more significant problems in ways you might not expect. For example, a minor scar on your face can create permanent self-esteem issues. If you think your injury has caused real non-economic harm, it would be a good idea to explore this with a lawyer.

Conclusion

Non-economic damages are a huge part of personal injury law. Even if they are more challenging to prove and calculate than economic damages, they are often indispensable to making the compensation fair.

If you have been injured through the actions of another person, do not fail to seek compensation.

Remember, every case is not the same. The key is to document your experiences and seek the guidance of an experienced lawyer who can see you through the process.