Understanding Economic and Non-Economic Damages in Personal Injury Cases

Personal injury cases can be emotionally draining and complex. This is especially if you have to deal with what happens after the accident like financial loss and severe pain. 

If you ever get into an accident that’s not entirely your fault, then get compensation. For that, you have to learn more about damages and what is involved. 

In personal injury law, damages refer to the compensation that you try to get for the suffering you experienced due to the accident. There are only two types of damage: economic damage and non-economic damage. 

Want to further understand economic and non-economic damages? Read on to learn more about these damages and if you need a personal injury lawyer to help you out. 

Economic Damages

Economic damages, also known as special or specific damages, are the financial losses that may come from your pocket due to an accident. This also includes negligence and breach of contract. 

They are quantifiable and measurable losses that can be readily and easily documented and calculated. Economic damages are typically calculated by adding the amounts recorded from receipts. This includes hospital checkups, therapy costs, or invoices for damages to your vehicle. 

Common Types of Economic Damages

Economic damages are generally straightforward when calculating since you can find them on receipts and other documents. Here are some types of economic damage:

1. Medical Expenses

If you sustain a personal injury due to an accident, you may end up paying for all healthcare-related expenses from your injury. This can range from surgeries and lab tests to ongoing treatments, medication, and counseling. 

Medical expenses are the most significant economic damage awards. In 2021 alone, up to 62 million people sought medical attention due to an injury. And we all know that medical checkups don’t come cheap. However, you may not have to pay out of your own pocket if the accident was not your liability. 

To successfully claim a medical expense, consider working together with a personal injury lawyer. They can advise the court on reasonable and necessary expenses. They will also help you with the documents needed to prove that the medical expenses only occurred due to the incident.

2. Property Damage

Alongside your personal injury, your property may also sustain damages due to the incident. For instance, getting into a driving accident or breaking your phone during an accident. If that happens, you can claim the costs of replacing or repairing your damaged property in economic damages. 

3. Lost Wages or Bonuses

If your injury prevents you from working, you are entitled to receive compensation for any lost income and wages. Economic damages will help cover the period when you are unable to work. This may also include your future income if the injury caused long-term or permanent effects on your ability to work. 

4. Assistive Devices and Rehabilitation

Some injuries may need long-term rehabilitation and physical therapy. The injury you sustained may also require the use of assistive devices like prosthetics and wheelchairs. You can place the expenses from these devices and treatments as economic damages. 

5. Domestic Services 

If your injury stops you from doing your usual activities that you may need to hire help, then you can include it in the economic damages. For instance, hiring a maid to help with household chores or someone to clean up your lawn. 

Non-Economic Damages

Non-economic damages or general damages are much more subjective in nature and often not measurable. These damages help compensate for any physical, emotional, and psychological issues caused during the incident. It can’t be calculated by adding up your receipts and bills. 

Economic damages intend to help a person restore their original lifestyle. On the other hand, non-economic damages help a person according to their pain and suffering from the incident. This is why non-economic awards may seem inconsistent, which is why many states have different rules when it comes to calculating the monetary amount. 

Common Types of Non-Economic Damages

Non-economic damages play an important role which is acknowledging the lifestyle changes and emotional trauma from personal injuries. This type of damage helps people who don’t enjoy life as much due to their injuries. A few types of non-economic damages are:

1. Pain and Suffering 

Compensation for your pain and suffering is often calculated based on the severity of your injury or illness. This also includes the emotional trauma you’ve experienced and the duration of the pain. 

2. Loss of Enjoyment of life

Some injuries may change your lifestyle and everyday life. For example, if you were physically active before the accident but are now unable to do so, your lifestyle will have to adapt to how your body is now. If your injuries compromise your hobbies until now, then you should ask for compensation to address this loss. 

3. Emotional Distress

After an accident, you may feel fear or discomfort for everything around you. This may be due to your injuries or the effect of surviving an incident that may have cost you your life. 

Personal injuries can lead to emotional trauma. This includes post-traumatic stress disorder (PTSD), guilt, anxiety, depression, and withdrawal from others. 

Disfigurement or disability may also result from accidents. The possible permanent mobility impairment or scaring can change your life. Therefore, you can pay them in the value of your non-economic damages. 

4. Loss of Consortium

Loss of consortium covers the emotional and physical loss experienced if your loved ones are injured or lost their lives from the accident. Courts often calculate this type by the life expectancy of your loved one and the strength of your relationship. 

Benefits of a Personal Injury Lawyer

A personal injury lawyer has the legal knowledge and experience that you may need in court. They will help you find the flaws in your claim and ensure you present enough proof that will lead to your success. 

Not only that, but these lawyers also have their own protocols and methods that may influence your insurance companies. They know how to present your situation in the best possible light while protecting your claim. 

Conclusion

Economic damages are all the losses you can compute financially while non-economic damage points more to your emotional and psychological losses.  

Injuries can change your life, no matter how small or big. With knowledge of economic and non-economic damages, you can receive the best compensation for the suffering you had to endure. 

Take note that personal injury cases are not something you have to do alone to get proper compensation. Professionals like a personal injury lawyer or work injury lawyer can help you out.