When a personal injury lawsuit is filed on your behalf, in most circumstances, the law allows you to recover economic damages and noneconomic damages. Economic damages are those which result in a definable, monetary loss as a result of your accident. These types of damages include lost income, property damage, medical bills, and other out-of-pocket expenses. Non-economic damages are more difficult to define and include those injuries such as pain and suffering, emotional distress, and loss of enjoyment of activities.
Unlike economic damages, which can be supported with receipts and medical bills, non-economic damages do not have a rigid formula for their calculation. Instead, an experienced trial attorney will solicit testimony during deposition and trial as to the emotional and physical impact the injury has had on your life.
For many, the greatest injuries sustained as a result of a catastrophic injury are those which are classified as non-economic damages. Victims of negligence often suffer pain every day associated with their injuries. This pain manifests itself in many ways, but often affects one’s ability to fully participate in their family’s life.
Our experienced trial attorneys know how to obtain the testimony necessary to demonstrate the significant and lasting impact your accident has had on your life, as well as the impact of your injuries on your family’s life to the jury. Given the lack of a concrete formula for calculating non-economic damages, such as pain and suffering, when the appropriate testimony is obtained, many insurance companies then feel the pressure to settle your case. This is because the amount of non-economic damages to award is fully within the discretion of the jury.
As your case develops, our experienced trial lawyers will be better able to assist you in valuing your case. Because the legal definition of economic and non-economic damages are complex, please do not attempt to determine whether you have a compensable case. Contact us for a free case evaluation and let us help you.