When someone is injured due to another person’s negligence, the law provides a way to seek compensation. Most people are familiar with economic damages like medical bills or lost wages. These are tangible losses that can be calculated with clear numbers.

However, not all losses are as straightforward to measure. Intangible damages, legally known as non-economic damages, also play a significant role in personal injury cases.

Understanding non-economic damages can be challenging because they don’t come with receipts or invoices. This is where personal injury attorneys can help. They have the knowledge and experience to assign a fair value to these damages. Without legal representation, it’s easy for victims to underestimate the value of their non-economic losses.

For anyone pursuing a personal injury claim, it’s important to know how non-economic damages are evaluated and how they can impact the overall settlement. By recognizing the value of these losses, victims can ensure they receive the full compensation they deserve.

Types of Non-Economic Damages

One of the most common forms of non-economic damages is pain and suffering. This includes physical discomfort and the emotional toll an injury takes on a person’s life.

For example, someone who suffers from chronic pain after an accident may experience depression or anxiety, which can severely affect their quality of life.

Emotional distress is another type of intangible damage. This refers to the psychological impact of an injury, such as fear, insomnia, or post-traumatic stress disorder (PTSD). Emotional distress can be just as debilitating as physical injuries and often requires professional treatment, such as therapy or counseling.

The loss of enjoyment of life is also a type of non-economic damage. This applies when an injury prevents someone from participating in activities they once loved. Whether it’s playing sports, traveling, or simply spending time with family, losing these experiences can be deeply upsetting.

Finally, loss of companionship or consortium is an intangible damage that affects relationships. If an injury causes strain in a marriage or prevents a parent from bonding with their children, then they are considered valid grounds for seeking compensation.

How Intangible Damages Are Calculated

Unlike medical bills or lost wages, non-economic damages don’t have a clear dollar amount. To determine their value, courts and attorneys use several methods.

One common approach is the multiplier method. In this method, the total economic damages are multiplied by a number (usually between 1.5 and 5) to estimate the value of non-economic damages. The severity of the injury and its impact on the victim’s life often determine the multiplier.

Another approach is the per diem method, which assigns a daily monetary value to the victim’s suffering. This amount is then multiplied by the number of days the victim has endured pain or distress. While this method can be effective, it’s often subjective and requires strong evidence to support the claim.

The Role of Evidence

Proving non-economic damages requires more than just a victim’s testimony. Medical records, therapist notes, and statements from family members or friends can all serve as evidence.

For example, a therapist’s report documenting the victim’s anxiety or depression can help demonstrate the emotional impact of an injury.

Journals kept by the victim can also provide valuable insight. By recording daily struggles, pain levels, or missed opportunities, victims can create a detailed picture of how the injury has affected their life. This information can be crucial to building a strong case.

Why Legal Representation Matters

Navigating a personal injury claim can be overwhelming. Insurance companies often try to minimize these losses or argue that non-economic damages don’t warrant compensation.

Having an experienced attorney can make a significant difference. They can help by gathering evidence, consulting experts, and negotiating with insurance companies. They understand the tactics insurers use and know how to counter them.

With the right legal support, victims can focus on healing while their attorney fights for fair compensation.

Conclusion

Non-economic damages are an important part of personal injury law, even if they’re harder to measure than financial losses. By understanding how these damages work and seeking legal help, victims can ensure they’re fully compensated for their injuries.

With the right approach, it’s possible to recover not just financially, but emotionally and mentally as well.