About Non-Economic Damages in Personal Injury Cases

Through a personal injury claim, a person who has been injured because of the negligence of another party can be compensated for the resulting damages. Often, these cases focus on the financial impact of an injury — medical bills, lost wages, and property damage are all common expenses that are considered in a personal injury case. However, the effects of an injury are much greater than the financial impact.

Injuries can significantly alter the life of a victim and cause extensive mental and emotional distress. Personal injury claims account for these effects of negligence as well, through the payment of non-economic damages.

Types of Non-Economic Damages

The non-economic damages awarded in a personal injury case may include any impact of negligence that is not a financial expense. Non-economic damages often relate to the emotional and mental impacts of an injury, but can also include punitive damages which serve as a consequence of the defendant’s negligence. The specifics of what non-economic damages entail can differ greatly between cases.

Non-economic damages in a personal injury case may include:

• Pain and suffering

• Mental anguish and stress

• Loss of enjoyment of life

• Relationship strain

• Limited ability to work/loss of purpose

• Punitive damages

What is “Pain and Suffering” in a Personal Injury Case?

Pain and suffering damages are the most common types of damages that are presented in personal injury cases. “Pain and suffering” is a general legal term for the collective emotional effects of a person’s negligence and any resulting injury. This may include anxiety, fear, depression, or loss of enjoyment of life, as well as the stress of managing an injury and pursuing legal action.

How Are Non-Economic Damages Calculated?

Determining a value for the compensation of non-economic damages can be difficult, as these effects are not tangible or attached to a monetary amount.

To calculate non-economic damages, the financial impact of an injury is often considered and used as a baseline figure. In many cases, non-economic damages are calculated as a multiple of the financial award of a case. For example, if a plaintiff incurs $100,000 in financial damages, that amount would be multiplied to provide additional resources and serve as compensation for the non-economic effects of the injury.

The way that non-economic damages are calculated will vary between cases. For more information about the damages you may be entitled to for your personal injury case, contact our firm today.

The lawyers of Allen, Semelsberger & Kaelin LLP can represent you if you or a loved one have been injured because of another person’s negligence. We are dedicated to helping you recover the compensation you deserve.