A personal injury can result in numerous damages, including tangible burdens such as medical bills and lost wages. However, these incidents also lead to more subjective, harder-to-calculate losses known as non-economic damages.
Non-economic damages cover compensation for physical pain, suffering, and other very real losses that victims experience. While these do not have a fixed dollar amount, your attorney can help you calculate a fair damages award that fully accounts for even the most intangible damages.
What Is the Purpose of Non-Economic Damages?
Not all accident-related harm comes with receipts or invoices. To acknowledge this, the court may award non-economic damages to compensate for the personal and emotional impact of injuries. For example, a serious car accident will likely result in an exact dollar amount for medical care.
However, a settlement award that covers only objective losses fails to compensate the victim for intangible effects, such as a loss of quality of life due to permanent disability. We will take a closer look at the primary forms of non-economic damages below.
What Are the Common Types of Non-Economic Damages?
In a personal injury claim, victims can pursue a wide range of non-economic damages, including the following:
- Pain and suffering: Many individuals deal with chronic, ongoing pain and discomfort following a personal injury, especially if their harm requires ongoing surgeries and long recovery times.
- Emotional distress: Accidents and the personal injuries they cause can be traumatic, leading to stress, anxiety, and even PTSD in certain cases.
- Loss of enjoyment of life: Prolonged recovery times, chronic pain, and permanent disabilities can create mental health struggles like depression that change a person’s perception of life before their injury.
- Loss of companionship or consortium: In some cases, a spouse or family member may recover damages for the loss of companionship, society, and relationship caused by a serious injury or wrongful death, depending on state law.
- Reduced quality of life: When a disability results from a personal injury, this can lead to day-to-day challenges and barriers that did not exist before.
Keep in mind that these damages vary significantly from case to case and are heavily based on the strength of evidence.
How Are Non-Economic Damages Calculated?
There is no exact formula universally applied to calculating non-economic damages. Instead, insurance companies, attorneys, and courts often rely on methods such as the multiplier method or the per diem method to estimate a fair value for pain and suffering and other intangible losses.
The Multiplier Method
The multiplier method calculates pain and suffering damages by multiplying a person’s economic damages by a number typically ranging from 1.5 to 5 or higher. More severe injuries, longer recovery periods, permanent impairments, and significant disruptions to daily life generally justify a higher multiplier.
The Per Diem Method
The per diem method assigns a daily dollar amount to the victim’s pain and suffering and multiplies it by the number of days the person is expected to experience the injury’s effects. The daily rate may be based on factors such as the victim’s income, the severity of the injury, and the extent of physical and emotional hardship caused by the accident.
Because non-economic damages are subjective and often heavily disputed by insurance companies, experienced legal representation is essential. A skilled personal injury attorney can gather evidence, document the full impact of your injuries, and advocate for the maximum compensation you deserve.
Are There Limits on Non-Economic Damages?
In certain states, restrictions on non-economic damages may apply depending on the specifics of the case. However, Kentucky currently does not impose a similar statutory limit on non-economic damages.
Ohio's Cap on Non-Economic Damages
Ohio does place a statutory cap on non-economic damages. Currently, the state caps these damages at $250,000 or three times the economic damages, whichever is greater. This allows for up to $350,000 per plaintiff or $500,000 per occurrence.
There are exceptions to Ohio’s non-economic damages cap, including certain catastrophic injury cases involving any of the following:
- Permanent and substantial physical deformity
- Loss of use of a limb
- Loss of a bodily organ system
- Permanent injury that prevents independent self-care
How To Strengthen Your Non-Economic Damages Claim
You can take steps to strengthen your personal injury claim and increase the likelihood of a favorable outcome. To pursue non-economic damages, you should keep a pain and symptom journal starting on the day of the injury.
In addition, document how the injury affects daily activities, sleep, relationships, and hobbies. If your injuries are negatively affecting your mental health, consider seeking professional support. Treatment records for anxiety, PTSD, or depression can be used as evidence to help your claim.
How a Personal Injury Lawyer Can Help Pursue Non-Economic Damages
By partnering with an experienced attorney who handles personal injury claims, you benefit from numerous advantages. Your lawyer can be your legal advocate from start to finish of your case, providing the following services:
- Conducting a thorough investigation of the accident and gathering evidence
- Identifying all liable parties
- Collecting and organizing medical records and other documentation
- Calculating the full value of your damages
- Handling all communications with insurance companies
- Negotiating aggressively with insurers for a fair settlement
- Consulting with medical, financial, and accident reconstruction experts when needed
- Preparing your case for trial if a fair settlement cannot be reached
- Representing your interests in court and throughout the legal process
- Keeping you informed and providing legal guidance every step of the way
Our hardworking team at Lawrence & Associates can pursue real results for you. Read the testimonials of past clients to learn more about who we are and what we stand for.
Get Legal Help for Pain and Suffering and Other Non-Economic Damages
At Lawrence & Associates, we understand the challenges injury victims face and are dedicated to protecting your rights every step of the way. Our experienced personal injury attorneys serving Cincinnati and Northern Kentucky can help you understand your legal options, avoid common mistakes that could harm your claim, and guide you through the complexities of the recovery process.
Contact us today for a free, confidential consultation or complete our online form to get started. We will handle the legal burdens and fight for the full compensation you deserve while you focus on your recovery and moving forward.
