Non-economic damages are a crucial aspect of personal injury cases. They play a significant role in determining victims’ compensation for injuries and suffering. This article will fill you in on what they are so that you can maximize the value of your personal injury claim.
What Are Non-Economic Damages?
In personal injury cases, compensation comes in two main forms:
- Economic damages
- Non-economic damages
Economic damages are those with a clear financial value, such as medical bills, property damage, and lost wages.
Non-economic damages are more abstract. It can be challenging to quantify non-economic damages in monetary terms. These damages attempt to compensate victims for the intangible losses they experienced.
What Are the Common Types of Non-Economic Damages?
Non-economic damages can encompass a wide range of losses that impact a victim’s life. Some common types of non-economic damages in personal injury cases include:
Pain and Suffering
Pain and suffering compensation covers the physical and emotional pain a victim endures due to their injuries. It accounts for the suffering, discomfort, and distress caused by the accident.
Mental Anguish
Victims may experience emotional distress, humiliation, or shock due to injuries. Mental anguish damages seek to compensate for the psychological toll of the accident.
Loss of Enjoyment of Life
Injuries can prevent victims from participating in activities they once enjoyed. This type of compensation addresses the loss of quality of life and the inability to engage in these activities.
Inconvenience
Accidents often lead to added inconveniences. Examples include time spent dealing with paperwork, making phone calls, and standing in lines. Victims may be eligible for compensation to account for these inconveniences.
Loss of Consortium
Injuries can affect a victim’s ability to be intimate or provide support and guidance to their family. If they do, their loved ones may have a claim for loss of consortium. This often applies to spouses who experience a loss of companionship and support.
Punitive Damages Are Distinct From Economic and Non-Economic Damages
Punitive damages may be awarded when the responsible party acted intentionally or with malice. These damages are intended to punish the wrongdoer and are not considered compensatory (however, they still end up in your pocket if awarded).
They are also used to deter similar behavior in the future. Punitive damages also require a stronger evidentiary showing than economic and non-economic damages.
How To Document Evidence for Non-Economic Damages Claims
Strong evidence is crucial for non-economic damage claims. Keep the following in mind so that you can fully support your case:
- Keep detailed medical records.
- Consider psychological evaluations.
- Maintain a personal journal.
- Gather witness statements.
- Seek expert opinions.
- Use photographs or videos.
- Document the impact on daily life.
- Record treatment efforts.
- Save related correspondence.
An experienced personal injury lawyer can aid you in this process.
What Are Some Common Challenges in Non-Economic Damage Claims?
Non-economic damage claims come with challenges:
- Subjectivity of emotional distress.
- The burden of proof on victims.
- Resistance from insurance adjusters.
- Jury perceptions vary.
- Extended case duration.
- Legal expertise is required.
- Strict statute of limitations.
Work closely with an experienced attorney to navigate these challenges effectively.
What Is the Tennessee Statute of Limitations for Personal Injury Claims?
Understanding the time limits to file personal injury claims in Tennessee is essential. This is known as the statute of limitations. Generally, you have one year from the accident date to start legal action.
Failing to meet this deadline could result in the forfeiture of your right to seek compensation. There are exceptions in some instances; contacting a qualified attorney is best so that you can protect your rights.
How Can You Prevent Common Mistakes in Non-Economic Damage Claims?
Common mistakes can impact the outcome of your claim. Here, we’ll explore some of these pitfalls and offer guidance on preventing them to strengthen your case.
1. Delayed Medical Treatment
Mistake: Waiting too long to seek medical attention after an accident can weaken your claim. Insurance companies may argue that your injuries aren’t severe or related to the accident.
Prevention: Seek prompt medical care, even for minor injuries. Medical records provide essential evidence of your condition.
2. Lack of Documentation
Mistake: Failing to document injuries, pain, and emotional distress can hinder your claim. Without records, it’s challenging to establish the extent of your suffering.
Prevention: Maintain thorough records of your medical treatments, prescriptions, therapy sessions, and symptoms. A personal journal can help track your physical and emotional struggles.
3. Discussing the Case on Social Media
Mistake: Posting about your case or injuries on social media can harm your claim. Insurance companies may use your online activity to downplay your suffering.
Prevention: Be cautious about sharing case details. This includes discussing your injuries on social media platforms. What you say online can be used against you, so it’s best to refrain from such discussions.
4. Accepting Quick Settlements
Mistake: Accepting an early and low settlement offer without fully assessing your claim viability.
Prevention: Consult with a personal injury attorney before accepting any settlement. They can assess the offer’s fairness and negotiate for more appropriate compensation on your behalf.
5. Failure To Follow Medical Advice
Mistake: Not following your doctor’s prescribed treatment plan or missing appointments can signal to insurers that your injuries are not severe.
Prevention: Adhere to your medical treatment plan diligently. Attend all appointments, take prescribed medications, and follow your healthcare provider’s advice to show the seriousness of your injuries.
6. Providing Recorded Statements
Mistake: Giving recorded statements to insurance adjusters without legal guidance can lead to statements that undermine your claim.
Prevention: Consult with an attorney before speaking with insurance representatives. They can help you navigate these conversations and ensure your rights are protected.
7. Not Seeking Legal Representation
Mistake: Attempting to handle a non-economic damages claim on your own. Acting alone may result in inadequate compensation.
Prevention: Consult with an experienced personal injury attorney early in the process. They can provide legal expertise and guide you through the complexities of your case.
Avoid these common mistakes to enhance your chances of a successful non-economic damage claim.
Consult a Respected Nashville Personal Injury Attorney
We have a team of dedicated professionals in Nashville, TN. Our Nashville personal injury lawyers are ready to pursue compensation for your non-economic damages. Your first consultation with us is always free. Call today to get started.
