When you’re injured due to someone else’s actions, you may be entitled to more than just reimbursement for your medical bills and lost wages. Victims of personal injury can also seek compensation for “non-economic damages.” These damages don’t have a direct, measurable financial value. However, they can still play a significant role in helping you heal and move forward after an injury. This article will explain non-economic damages, how they are calculated, and why they matter in personal injury cases.
What Are Non-Economic Damages?
Non-economic damages are financial awards intended to compensate for the intangible losses you suffer from an injury. Unlike economic damages, which cover hospital bills, car repairs, or lost wages, non-economic damages focus on more subjective and personal aspects of your injury. These damages are meant to address the pain, suffering, and emotional toll that an injury causes.
Common Examples of Non-Economic Damages
Some common non-economic damages include:
- Pain and Suffering: The physical pain and emotional distress caused by an injury.
- Emotional Distress: Anxiety, depression, or trauma resulting from the accident.
- Loss of Enjoyment of Life: If your injury prevents you from enjoying activities you used to do, such as hobbies or spending time with family, you may be entitled to compensation.
- Loss of Consortium: If your injury impacts your relationship with your spouse or partner, such as reducing the ability to have a normal relationship, this may be considered non-economic damage.
- Disfigurement: Permanent scars or other visible injuries that may have lasting social and emotional effects.
These damages are subjective, meaning they vary based on the person and the circumstances of their injury.
How Are Non-Economic Damages Calculated?
Unlike medical expenses or lost wages, which can be added up easily, non-economic damages are more challenging to quantify. There isn’t a set formula to determine how much these damages are worth. Still, there are methods that attorneys use to help determine a fair amount.
The Multiplier Method
One common way to calculate non-economic damages is through the multiplier method. In this approach, the total amount of economic damages (such as medical bills and lost wages) is multiplied by a number that reflects the severity of your pain and suffering. This multiplier can range from 1.5 to 5 or higher, depending on factors like the severity of the injury, the long-term effects, and how much pain and suffering you endured.
The Per Diem Method
Another approach is the per diem method, which assigns a daily value to your pain and suffering. This value is multiplied by the number of days you experience pain or emotional distress. The per diem method often works well for injuries that involve long recovery periods.
In both methods, the final amount depends on the specifics of your case, such as how severe your injury is and how it affects your daily life.
Why Are Non-Economic Damages Important?
Non-economic damages can make a significant difference in a personal injury case. While economic damages like medical bills and lost wages may seem straightforward, they don’t always capture the full extent of what an injury can do to a person’s life. Non-economic damages recognize the human side of injury cases – the pain, emotional distress, and loss of enjoyment that the injured person may experience.
In cases of severe injuries, such as spinal cord injuries or traumatic brain injuries, non-economic damages can be substantial. These injuries often affect a person’s ability to live an everyday life, and non-economic damages help compensate for these life-altering changes.
Are There Limits to Non-Economic Damages in Florida?
Florida law does impose some limits on non-economic damages, particularly in certain types of cases, like medical malpractice. However, in most other personal injury cases, there are no caps on how much a victim can receive in non-economic damages. It’s essential to consult with an experienced attorney to understand how these limits might apply to your case.
How Can a Personal Injury Lawyer Help?
If you’ve been injured and think you may be entitled to non-economic damages, a skilled personal injury lawyer can help guide you through the process. Attorneys experienced in personal injury law know how to evaluate the impact of your injury on your life and can fight for fair compensation. They understand how to use evidence like medical records, expert testimony, and personal accounts to support your claim for non-economic damages. Additionally, your lawyer will negotiate with the other party’s insurance company or legal team to ensure you get the maximum compensation for economic and non-economic damages.
Contact Our Attorneys for a Free Consultation
Suppose you’ve been injured in an accident and want to know more about your rights to compensation, including non-economic damages. In that case, Coker Law Personal Injury Lawyer is here to help. Our skilled attorneys are committed to fighting for justice for injury victims in Jacksonville, FL. You can contact us online or call (904) 356-6071. We’ll work with you every step of the way to ensure you get the compensation you deserve.