After a car accident, there are several damages that one can claim. Victims can claim economic damages such as medical bills, lost wages, and property damages. You can also claim non-economic damages, like pain and suffering, loss of consortium, and mental challenges, among others.
Depending on your state, you can also get awarded punitive damages. If you are in a no-fault state, you may not be able to sue the other driver or their insurance company. However, you can still claim some economic and non-economic damages from your insurance company, as long as your insurance policy is valid and can cover your claim.
Non-economic damages make up a considerable part of a car accident or any other personal injury claims. To claim, you should talk to your lawyer to know your state laws, how to file your claim, and your legal rights. Here is what you should know about non-economic damages.
What Are Non-Economic Damages?
Non-economic damages refer to injuries or harm that cannot be proven with a receipt. They are also not subject to documentation, unlike medical bills, loss of income, or damages to the property, they cannot be proved with paperwork.
The damages include emotional distress, disfigurement, pain and suffering, disability, and loss of consortium. While economic damages are meant to restore an accident victim to their original state financially, non-economic damages compensate the victims or their family members for their emotional distress, pain, suffering, the effects of the accident to their dependents, and similar issues.
What Makes Non-Economic Damages Different?
Non-economic damages are very common in personal injury cases. They are different because they compensate a victim for damages that are not financial. They are also very challenging to calculate and compensate because an attorney will have to prove their validity. Though some of the claims, like pain-suffering, can be easy to prove because the medical records, injuries, and/or other bills can support the claim, it can be more challenging to prove damages like loss of consortium. Non-economic damages, such as punitive damages, can be awarded to punish the defendant and discourage similar behavior.
If you have been in a car accident, you must keep all your medical records, receipts, and bills to prove your injuries. Your doctor can also help prove the psychological after-effects that you have suffered to support your claim.
How Much Compensation You Can Recover for Non-Economic Damages?
The laws that govern how much a victim can recover vary from state to state. Your personal injury lawyer will help you determine how much you can claim. Several states have a limit that one can recover. However, states like New York are yet to set such limitations.
Several accidents or personal injury cases are settled out of court. Attorneys or the court can use the multiplier method to determine the damages. The amount can be determined by the extent of your injuries and their effect on your life. To claim punitive damages, you will have to prove that the defendant acted with malice or was extremely negligent.
Because there is no exact formula for calculating the damages, and this gives your attorney room to negotiate your settlement amount. They can collect compelling evidence to help you recover maximum compensation.
Get in Touch with a Personal Injury Attorney
Suppose you have sustained an injury after any kind of accident, and you claim compensation. In that case, you will need the help of an experienced personal injury attorney in your area to help you handle your claim. These attorneys are familiar with the state laws, know how insurance companies work, and will offer you the right legal advice. They will also build a strong case, gather evidence to prove your non-economic damages, to ensure that you get fair compensation.