After an accident, you may find yourself suffering many types of financial losses. Medical bills, lost wages, and property damage expenses can really start to add up. These costs only add to the stress of the situation, especially when you are trying to recover from a physical injury as well.
These financial losses are called economic damages, and most people know that they may have a right to receive compensation for those damages. But did you know that you may be able to receive compensation for your pain and suffering as well?
Whether you were injured in a car accident, medical malpractice, construction accident, or pedestrian accident, you probably suffered some injuries. The pain and trauma resulting from those injuries may be compensable, and an experienced personal injury lawyer can help you get the money you are legally owed.
What Are Non-Economic Damages?
Indiana law generally allows for the recovery of two main types of damages after an accident – economic and non-economic damages. Economic damages are the ones that have a direct financial impact, such as medical expenses, missed time from work, and the cost of repairing your vehicle.
Non-economic damages are the intangible losses you suffered as a result of your injuries. These damages are sometimes called “pain and suffering” damages. It is no secret that an accident can take a toll on both your physical and emotional state. Non-economic damages are designed to compensate you for these non-financial losses, which can fall into several categories.
Pain and Suffering
Physical injuries are painful, and you deserve to be compensated for the pain you suffer because of someone else’s negligence. Imagine you were involved in a motorcycle accident and suffered broken bones and lacerations. These injuries may leave you in physical pain for weeks after your accident.
While money cannot take away the physical pain, financial compensation is the mechanism used by the court system to make the victim whole again. The more pain and suffering you endure, the higher the value of your non-economic damages is likely to be.
Emotional Distress
An accident can also take a toll on your mental wellbeing. In some cases, accidents may cause anxiety, depression, fear, or PTSD that lasts for a lifetime. These damages can be compensable and sometimes have a high financial value. An experienced personal injury attorney can help you get compensated for your emotional distress.
Loss of Quality of Life
Unfortunately, some accident victims are left with life-altering effects. For example, the loss of a limb or paralysis can completely change a person’s life. In these cases, the victim may not be able to participate in many of the activities they once did.
If you are unable to enjoy the same quality of life you did prior to your accident, you may have a right to be compensated for that fact.
Loss of Consortium
After an accident, a victim’s relationships may also be negatively impacted. If an accident victim is no longer able to provide the same love and companionship to a loved one, they may be entitled to loss of consortium damages. These damages are common when one spouse is injured or the parent of a child is injured.
How Do I Prove Non-Economic Damages?
Non-economic damages are more subjective, and proving them can sometimes be difficult. It is important to remember that non-economic damages affect each victim differently, and victims are entitled to recover compensation based on how they are affected. Some ways to prove non-economic damages are:
- Victim testimony
- “Day in the life” journals
- Expert opinions
- Testimony of friends or family members
- Medical records or doctor’s notes
An experienced personal injury attorney can help assess the details of your case and determine the best way to move forward with a claim for non-economic damages.
How Are Non-Economic Damages Calculated?
Non-economic damages do not have a specific financial value. Instead, their value must be estimated. The multiplier method is most commonly used to calculate this value.
Using the multiplier method, a multiplier between 1.5 and 5 is assigned to your case based on the severity of your injuries. The economic damages associated with the case are then multiplied by this multiplier to arrive at the value of the non-economic damages. The more severe the injuries in the case, the higher the multiplier.
For instance, imagine you suffer $5,000 in economic damages after a car accident. Suppose your injuries were minor to moderate, so the multiplier in your case is 1.5 to 2. The value of your non-economic damages in this situation would likely be somewhere between $7,500 and $10,000.
Let a Personal Injury Lawyer Help With Your Claim for Non-Economic Damages
Non-economic damages can be difficult to prove, and it can be difficult to put a dollar figure on them. The insurance company may try to minimize your injuries in an attempt to avoid paying your non-economic damages. An experienced Indianapolis personal injury lawyer can help make sure you are compensated fairly. Contact a lawyer from Rob King & Associates, Trial Lawyers today at (317) 9160-000to get help with your claim for non-economic damages.
