Have you been injured because of someone else’s carelessness and are considering filing a personal injury claim? You might be wondering how courts decide how much compensation you could receive. It’s not as simple as picking a number; it’s a careful process. Courts evaluate two types of damages: economic and non-economic. But what do these terms mean, and how do they influence a personal injury case?
What Are Economic Damages?
Economic damages are the financial losses caused by your injury; these are losses that you can easily assign a dollar value to. They include the expenses you’ve paid (or will pay) because of your injury. Think of them as the bills piling up on your kitchen table or the paychecks you’re missing out on while you recover.
Here are some common examples of economic damages.
Medical Expenses: These include everything from ambulance rides and ER visits to surgeries, medications, and physical therapy. If you’ll need future medical care, those estimated costs can be included too.
Lost Wages: If your injury caused you to miss work, you can claim the income you would have earned (including sick days or vacation time you had to use).
Loss of Earning Capacity: If your injury affected your ability to work in the future, for example, you might not be able to do the same job anymore, or need to work fewer hours, those potential future losses can be included in your economic damages.
Property Damage: If your car was totaled in an accident or your phone was smashed when you fell, replacing or repairing these items counts as economic damages.
Home Modifications: If your injury requires you to make changes to your home, such as installing a wheelchair ramp, these costs can also be considered.
The advantage of economic damages is that they are typically easy to calculate. You can add up your medical bills, review your pay stubs to see how much work you’ve missed, and get estimates for property repairs or replacements.
What Are Non-Economic Damages?
Non-economic damages are trickier. They’re meant to compensate you for losses that don’t have a price tag. These include the ways your injury has affected your life that can’t be added up on a calculator.
Here are some examples of non-economic damages.
Pain and Suffering: Refers to physical pain and discomfort from your injury, including both current pain and any ongoing persistent pain.
Emotional Distress: Injuries not only cause physical pain but can also lead to anxiety, depression, or other mental health issues. These emotional effects are included in non-economic damages.
Loss of Enjoyment of Life: If your injury stops you from doing activities you used to enjoy, such as playing sports, gardening, or taking long walks, this loss can be included in your non-economic damages.
Loss of Consortium: This refers to how your injury has affected your relationships, especially with your spouse or partner. If you can’t provide the same companionship or intimacy as before, it falls under this category.
Disfigurement or scarring: If your injury has resulted in visible scars or altered your appearance, this can be included in non-economic damages.
Unlike economic damages, there is no straightforward method to calculate non-economic damages. They cannot be proven with receipts or bills. Instead, your lawyer will need to illustrate how your injury has affected your life.
Why Does the Difference Matter?
Understanding the difference between economic and non-economic damages is important for several reasons:
Proving Your Case: Economic damages are easier to prove because you have documentation. Non-economic damages depend more on your testimony and expert witnesses.
Settlement Negotiations: When trying to settle your case outside of court, understanding the full scope of both your economic and non-economic damages can assist you in negotiating a fair settlement.
Damage Caps: Some states have laws that limit the amount you can receive for non-economic damages, but not for economic damages. Knowing the difference can help you understand what to expect from your case.
Insurance Coverage: Some policies may cover economic damages but limit non-economic damages.
Getting Help with Your Personal Injury Case
Determining your economic and non-economic damages can be complicated, especially since every personal injury case is different and the damages you can claim will depend on your specific situation. That’s why it is extremely important to have an experienced personal injury lawyer. An experienced lawyer can help you identify your damages, gather the right evidence, and build a strong case to help you obtain fair compensation for your injuries.
If you’ve been injured and are considering legal action, reach out to Brock and Stout today. Our personal injury team is ready to help you understand your options and fight for the compensation you deserve.