An injury can affect far more than a person’s bank account. Medical expenses, lost wages, and property damage may be relatively easy to document, but they do not reflect the physical pain, emotional strain, or loss of independence an injured person may experience.
Unlike economic damages, non-economic damages are compensation for these personal, intangible consequences. Although they do not have a fixed dollar value, they can represent a significant portion of a personal injury claim. Understanding these damages can help injured people appreciate the full extent of their losses and avoid accepting a settlement that accounts only for their financial expenses.
Pain and Suffering
Pain and suffering includes the physical discomfort caused by an injury and its treatment. It may account for immediate pain following an accident as well as chronic pain that continues during recovery or becomes permanent.
The intensity, frequency, and expected duration of the pain can all affect the value of this damage. Pain associated with surgeries, rehabilitation, or invasive medical procedures may also be considered.
Emotional Distress
A serious accident can produce substantial psychological and emotional effects. An injured person may experience anxiety, depression, fear, embarrassment, anger, or emotional instability.
Some people develop post-traumatic stress disorder or become fearful of driving, returning to work, or participating in activities connected to the accident. Emotional distress can interfere with sleep, concentration, relationships, and overall well-being.
Loss of Enjoyment of Life
Injuries may prevent someone from participating in activities that previously brought purpose or happiness. Examples include exercising, traveling, playing with children, enjoying hobbies, attending social events, or spending time outdoors.
Loss of enjoyment of life may be temporary or permanent. Its significance depends on the person’s lifestyle before the accident and the limitations caused by the injury.
Disfigurement and Scarring
Burns, lacerations, surgeries, and other traumatic injuries can leave permanent scars or change a person’s appearance. Disfigurement may cause embarrassment, reduced confidence, unwanted attention, or difficulty participating in social and professional settings.
The location, size, visibility, and permanence of a scar may be relevant when evaluating its effects.
Physical Impairment
Physical impairment refers to the loss or limitation of bodily functions. An injured person may have difficulty walking, lifting, driving, sleeping, or performing personal care tasks. Some individuals may need mobility devices or assistance from family members.
Compensation for physical impairment recognizes that the loss of independence can affect nearly every aspect of daily life.
How Are Non-Economic Damages Calculated?
There is no universal formula for calculating non-economic damages.
Insurance companies, attorneys, judges, and juries may consider multiple factors, including:
- The nature and severity of the injury
- The duration of medical treatment
- Whether the injury is permanent
- The injured person’s age and overall health
- Whether you are partially at fault for the accident
- The intensity and frequency of physical pain
- The psychological effects of the accident
- Changes in work, family life, hobbies, and daily activities
- Whether the person is expected to make a full recovery
- The credibility and consistency of the available evidence
Some insurance companies use a “multiplier” approach, estimating non-economic damages as a multiple of economic losses. Others may use a daily rate for pain experienced during recovery. These methods are only negotiating tools; neither automatically determines what a claim is worth.
How Can an Injured Person Prove Non-Economic Losses?
Non-economic damages may be subjective, but they still require evidence. Simply stating that an injury caused pain may not be enough to establish the full extent of the loss.
Useful evidence may include:
- Medical records describing pain, limitations, and recovery
- Mental health treatment records
- Crash and incident reports
- Photographs of injuries, scars, or mobility devices
- Testimony from physicians and other experts
- Statements from relatives, friends, and coworkers
- Employment records showing changes in job duties
- A journal documenting symptoms and daily limitations
- Before-and-after photographs or videos
- Evidence of activities the person can no longer perform
Consistency is important. Medical records, personal statements, and witness accounts should collectively show how the injury has affected the person over time. Following the recommended treatment plan can also help demonstrate that the person has taken reasonable steps to recover.
Why Is It Important to Evaluate Every Effect of an Injury?
Focusing exclusively on medical bills and lost income can substantially undervalue a claim. A person may return to work while continuing to experience pain, anxiety, limited mobility, or an inability to enjoy important parts of life.
Before resolving a claim, it is important to understand the person’s prognosis and future limitations. Once a settlement is accepted, the injured person generally cannot seek additional compensation if symptoms worsen or an injury proves more disruptive than expected.
Contact the Colorado Springs Personal Injury Lawyers at King & Beaty, LLC for a Free Consultation
If another party’s negligence caused your injuries, King & Beaty, LLC can evaluate both the financial and personal consequences of the accident. Our team can gather evidence, document your damages, negotiate with insurers, and pursue compensation that reflects the full effect of your injuries.
Contact our law offices today at (719) 505-9999 to schedule a free consultation with a Colorado Springs personal injury lawyer and learn more about your legal options.
