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Economic damages, also known as compensatory damages, are awarded to compensate the injured party for their losses. Non-economic damages, often known as punitive or exemplary damages, may be used if the defendant’s conduct was particularly egregious or caused a high degree of suffering to the victim.
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How Are Non-Economic Damages Different From Other Types of Damages?
Non-economic damages are distinct from other sorts of compensation because they cover damages that are difficult to quantify, yet which nevertheless need to be compensated. Although an accident victim may have to pay a lot of money in medical bills after a negligent defendant causes their injuries, they may also suffer significant psychological and emotional damages.
For example, an afflicted person may not be able to play with their children or do daily chores after an accident, as in the case of a broken arm. These losses must be compensated, and non-economic damages are the appropriate remedy.
What Non-Economic Damages Do Cover?
Pain and suffering damages can include:
Pain And Suffering After The Injury
Medical expenses are offset by medical damages, but a harmed person may suffer significant agony and misery throughout treatment and recovery.
Humiliation Or Other Types Of Emotional Anguish
This may include any type of emotional suffering related to the accident. If a person is disfigured or burned as a result of an incident, for example, they should be compensated for the embarrassment caused by their injuries.
Loss Of Enjoyment Of Life
A victim of an accident may not be able to enjoy their life in the same way. For example, many bicycle accidents prevent victims from riding bicycles again.
Any Sort Of Chronic Pain, Suffering, Or Damage As A Result Of The Initial Injury
It is quite typical for injuries to have long-term effects on a person’s physical capabilities and body. They may be stuck in chronic pain that can’t be treated. Non-economic damages compensate for this suffering.
An injury victim’s spouse and children may be unable to continue to care for their family relationship with the injured person as they were able to before. A spouse, for example, might not be able to have sexual relations with their afflicted partner. Or, the harmed spouse may be unable to provide for the family any longer. A non-economic injury to the partner of a physically injured person is possible.
In non-economic damages, a jury determines the value of the injuries’ consequences.
How Are Non-Economic Damages Calculated?
Non-economic damages are generally decided by the court or jury; however, the majority of claims are settled outside of court. Non-economic damages are then determined in relation to economic damages when this is the case.
Economic damages are simpler to assess. As a result, non-economic damages are commonly multiplied by a certain number in order to calculate economic losses. This is referred to as the “multiplier approach.” The higher that number may get, the more severe the non-economic injuries and consequences.
Another method for calculating pain and suffering damages is the “per-diem calculation.” This technique uses a figure to quantify your pain and suffering each day, then multiplies that number by the total number of days you were injured.
What Factors are Considered To Determine Non-Economic Damages?
Non-economic damages are often determined while considering a number of factors, including:
- How severe were the victim’s injuries, and how long was their recovery?
- Did the injuries alter the victim’s physical appearance?
- How much have the victim’s injuries affected their daily life or ability to perform household chores?
- How much have the victim’s injuries affected their lives compared to before the injury?
- Has the injury irreversibly altered the course of their lives or caused major changes to it?
There are several additional elements to consider when determining non-economic damages. As a result, it is always preferable to consult with an attorney about your particular circumstances, the claim you wish to bring, and the injuries you have incurred.
How Do I Know If I Qualify For Non-Economic Damages?
To be eligible for compensation, you must demonstrate that the carelessness or recklessness of another caused your injuries.
If you can’t demonstrate that your problems were caused by someone else’s actions, you probably won’t be eligible for any compensation.
The standard rule of thumb is that the more severe an accident is, the more likely you are to receive non-economic compensation. When determining whether to grant non-economic damages, the court is interested in long-term consequences.
Examples Of Non-Economic Damages
Here are some examples of how non-economic damages might be compensated in personal injury lawsuits:
- Alex is rear-ended by a vehicle. She gets minor wounds and bruises, as well as a moderate concussion, as a consequence of the collision. Her recuperation takes around two weeks, and she has one medical expense of $1,000 to pay off. Non-economic damages of 50% of her economic damages, or $500 total, may be given to Alexander. Alex has compensated a total of $1,500 for her claim.
- A motorist runs a red light, colliding with Jordan. Jordan sustains a fractured arm, whiplash, and a torn tendon in his foot as a result of the accident. His rehabilitation will take six months, and his medical expenses total $50,000. Jordan is compensated with non-economic damages equivalent to twice his economic losses or $100,000. Jordan’s legal claim is worth $150,000.
- Caden is hit by a drunk driver. Caden suffers from a spinal fracture that leaves him unable to walk from the waist down. Despite the fact that physical therapy can help, Caden will continue to have challenges and require significant care for the rest of his life. Caden’s medical expenses are expected to reach $1 million over his lifetime. For a total case value of $4 million, he will receive pain and suffering compensation of $3 million.
The damages for pain and suffering can be as much as five times the economic harm. The majority of injuries that are minor to moderate do not result in a multiplier of five for pain and suffering. The pain and suffering multiplier is generally between .05 and 1.5 times the economic damages in most cases. As economic losses rise, it becomes more reasonable that pain and suffering should as well.
How An Attorney Assists You With Non-Economic Damages
Your personal injury lawyer helps you with all of the various things you must do to obtain a fair amount of non-economic compensation. Beginning with determining your medical expenses, understanding how much money you should receive in economic damages is straightforward. After you’ve identified it, you may focus on the pain and suffering that go along with it.
An experienced personal injury lawyer can evaluate the evidence, prepare it in a way that is admissible in court, and negotiate a fair settlement on your behalf. You may be able to reach an acceptable settlement through discussions in some circumstances. It might be useful to go to trial in other situations. Your attorney develops your case so that you can take action. Then they advise you on the finest decisions for your situation based on the laws in place.
Texas Personal Injury Lawyers Can Help You Seek Non-economic Damages
Texas Personal Injury Lawyers can assist you in obtaining compensation if you are harmed due to another person’s negligence. We understand the ins and outs of the various types of evidence required to demonstrate non-economic damages and are prepared to assist you right now.
Call us at (888) 997-2148 now for you free consultation.
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