Have you ever been injured in an accident? If so, you may be able to file a personal injury (PI) claim to recover damages. There are two types of damages: economic and non-economic. Economic damages are tangible losses like medical bills and lost wages. Non-economic damages, on the other hand, are intangible losses that can be just as devastating. These include things like pain and suffering, emotional distress, and loss of enjoyment of life.
We’ll explore the types of non-economic damages that victims can recover through a PI claim. We’ll also discuss some factors that can affect the compensation you may be entitled to. If you or someone you know has been injured, it’s important to consult with attorneys for personal injury claims to understand your legal rights.
Pain and Suffering
When you’re injured in an accident, you’ll likely experience physical pain. This pain can range from mild discomfort to severe agony. It may be immediate or may develop over time. In addition to physical pain, you may also experience suffering. This can include mental anguish, emotional distress, and a loss of enjoyment of life.
PI claims can compensate for both immediate and long-term pain and suffering. Your attorney will work to gather evidence to prove the extent of your injuries and the impact they’ve had on your life. This evidence may include medical records, expert testimony, and your account of your pain and suffering.
Emotional Distress
Emotional distress is a broad term that encompasses a wide range of negative emotions. Some examples of emotional distress include anxiety, depression, anger, and fear. According to a study by the American Psychological Association, nearly 80% of adults reported experiencing significant stress in the past year.
PI claims can compensate for emotional distress caused by an accident. To recover damages for emotional distress, you’ll need to provide evidence that your injuries have led to significant emotional problems. This evidence may include medical records, therapy notes, and testimony from friends or family members.
Mental Anguish
Mental anguish is a more severe form of emotional distress. It can involve feelings of hopelessness, despair, and worthlessness. Mental anguish can be debilitating and can have a significant impact on your daily life.
PI claims can compensate for mental anguish. However, it can be more difficult to prove than physical pain or emotional distress. You’ll need to provide compelling evidence that your injuries have caused severe mental anguish. This may include expert testimony from a mental health professional.
Disfigurement/Scarring
Disfigurement and scarring can be both physically and emotionally devastating. When your appearance is altered due to an accident, adjusting to your new body can be difficult.
PI claims can compensate for disfigurement and scarring. The amount of compensation you receive will depend on the severity of your injuries and the impact they’ve had on your life. You may also be able to recover damages for any future medical procedures or cosmetic surgeries needed to improve your appearance.
Inconvenience/Embarrassment
An accident can cause significant inconvenience in your daily life. You may have difficulty getting around, performing basic tasks, or participating in activities you enjoy. In addition to inconvenience, you may experience embarrassment or humiliation due to your injuries.
PI claims can compensate for inconvenience and embarrassment. However, it can be difficult to quantify these damages. You’ll need to provide evidence that your injuries have significantly disrupted your life and caused you to experience embarrassment or humiliation.
Loss of Enjoyment of Life
Loss of enjoyment of life occurs when your injuries prevent you from participating in activities you used to enjoy. This can include hobbies, sports, social activities, or even simple tasks like going for a walk.
PI claims can compensate for loss of enjoyment of life. To recover damages for this non-economic loss, you must provide evidence that your injuries have significantly limited your ability to enjoy life. This may include testimony from friends or family members who can attest to the changes in your lifestyle.
Loss of Consortium
Loss of consortium refers to the loss of companionship, love, affection, and sexual intimacy between spouses. If your injuries have impacted your ability to fulfill your marital obligations, your spouse may be able to file a claim for loss of consortium.
PI claims can compensate for the loss of consortium. However, this type of claim is typically only available to spouses. If you’re not married, you won’t be able to recover damages for loss of consortium.
Factors Affecting Compensation
Several factors can affect the compensation awarded for non-economic damages in a PI claim. These include:
- The severity of your injuries: The more severe your injuries, the more compensation you may be entitled to.
- The impact of your injuries on your life: If your injuries have significantly limited your ability to work, participate in activities, or enjoy life, you may be able to recover more in damages.
- Your age and life expectancy: If you’re younger and have a longer life expectancy, you may be able to recover more in damages.
- The jurisdiction where your case is filed: The laws in different jurisdictions can vary, so the compensation you receive may depend on where you live.
- The strength of your evidence: The more evidence you can provide to support your claim, the more likely you will recover significant compensation.
Additional Considerations
In addition to the non-economic damages discussed above, other potential damages may be recoverable in some PI claims. These may include:
- Loss of earning capacity: If your injuries have prevented you from working or earning a living, you may be able to recover damages for lost wages and future earning potential.
- Medical expenses: You may be able to recover damages for past and future medical expenses related to your injuries.
- Property damage: If your accident caused damage to your property, you may be able to recover damages for the cost of repairs or replacement.
