If you’re involved in a car accident, you may be able to file for compensation. This can include recovering your medical expenses, property damage costs, and even lost wages. However, did you know you may also be able to include non-economic damages in your accident claim, like for diminished quality of life?
Your pain, suffering, and mental anguish may also be recoverable, but how do you put a price on your emotional distress? You’ll also need to prove the accident is responsible for your non-economic losses. Thankfully, there are a few legal strategies for establishing that your quality of life isn’t quite what it used to be. Much like how a poorly executed brew can impact the final product, setbacks in life, whether from an accident or a misstep in homebrewing, can affect your overall experience.
What are Non-Economic Damages?
Chances are, you have a pretty good grasp of economic damages. These are damages with a visible price. Medical expenses come with bills you can calculate. The same is true for property damage, whether it’s repairs or replacements. Non-economic damages are intangible. This means you can’t produce a bill or receipt with a written total for the damages.
So, what qualifies as non-economic damage? The list is extensive but can include the following. However, keep in mind that every item on the list may not apply to your personal injury case. You can’t randomly claim non-economic damages, you’ll need to show proof of the following before an insurance company will consider your claim:
- Pain and suffering
- Mental pain
- Emotional anguish
- Blindness
- Physical disfigurement and scarring
- Physical impairment
- Loss of fertility
- Loss of sexual function
- Loss of a limb or amputation
- Loss of mobility
- Loss of enjoyment of life
- Loss of quality of life
- Injury to reputation
- Inconvenience
- Loss of consortium
- Loss of companionship
Adding to the confusion, some non-economic damages, like blindness, may also be considered economic damages. You can claim some damages both but for different reasons. Your blindness is economic damage in terms of expenses. For example, if you require the use of a cane and/or service animal, the cost for these items constitutes economic damages. However, the fear and confusion that often accompany sudden blindness are considered non-economic damages.
Something else you should know. Don’t confuse non-economic damages with punitive damages. These are two very separate things. Punitive damages are typically awarded by a judge or jury. Punitive damage amounts vary and serve two primary purposes.
The compensation is meant to punish the defendant and serve as a warning. In other words, punitive damages work to discourage others from copying the defendant’s negligent actions.
How to Calculate Your Non-Economic Damages
A few factors go into calculating non-economic damages. Remember, you can’t pull out bills and receipts, and non-economic damages don’t have an obvious value. Instead, the insurance company or judge/jury will consider a few factors, including:
- The severity of your injuries, and they may also consider the type of injury
- How long does it take you to fully recover from the injury
- The type of medical treatment the injury requires
- How the injury impacts your life, including your relationships with friends and family
- If the injury will have a long-term or lasting impact on your life
If your accident occurs in Florida, you shouldn’t need to worry about compensation caps. As of 2019, the state doesn’t cap compensation amounts for non-economic damages in most types of personal injury claims. When it comes to economic damages, the insurer may have caps. What the cap is depends on the insurance provider.
Proving Diminished Quality of Life in a Personal Injury Case
Proving something that only you are experiencing isn’t easy. You can’t invite someone into your mind to experience your feelings and emotions. So, how do you convince an insurance company or a jury that you’re experiencing a diminished capacity of life or any other type of non-economic damage?
While the process isn’t an exact science and every personal injury case is different, there are a few things you can do to help support your claim.
Keep All Medical Records
Your medical records aren’t going to list your non-economic damages, but the documents do detail the type and extent of your injuries. Sometimes, the severity of your injuries provides a good place for the insurance company to start calculating your damages.
For example, if your injury is life-threatening or altering, the insurance company can determine whether its severity is enough to warrant a claim for pain and suffering.
Keep a Journal
Keeping a journal is often private, so be careful what you jot down. In other words, don’t write down anything you’re not willing to share with strangers. The insurance adjuster and possibly a jury will be paging through the journal. Instead of writing down your daily activities, think of it as a pain journal.
Document how you’re feeling each day and rate your pain on a sliding scale. You know, like the one used by physicians when they ask you to rate your pain, one being less severe and 10 indicating excruciating agony.
Call Family, Friends, and Coworkers as Witnesses
Sometimes, no one knows you better than your loved ones. You may need their testimony to help support your non-economic damages claim. They can testify about how your life has changed since the accident, along with the difficulties you’re experiencing.
You may also need to call on your physician and other medical professionals to testify to the severity of your injuries. Your physician can also help support your claim of being in constant pain and anguish. The more people who can support your claim, the stronger your case will be.
Save Receipts for Prescribed Medication
Go back to your medical records. Hopefully, you’re saving all of your receipts. If you’re prescribed medication, grab the receipts. Even if you’re only purchasing over-the-counter pain relievers, keep the receipts. This can help support your claim of being in constant pain.
You Can Receive Compensation for Your Diminished Quality of Life
So, it is now clear that when you’re injured in an accident, you may have more than economic damages. Sometimes, non-economic damages are pushed to the side since they’re intangible. However, your pain and suffering shouldn’t be ignored.
Mental anguish can have a devastating effect on your life, and you deserve compensation. Since calculating non-economic damages is a complex process, talk to a personal injury attorney about your case. Just like fine-tuning a homebrew recipe requires expertise to achieve the perfect balance, navigating legal complexities demands professional guidance. A skilled attorney can help ensure the best possible outcome.
