The Value of Your Car Accident Case: Non-Economic Damages

Auto Accident Attorney

Any injured person whether sustaining that injury through the negligence or of another, or through the intentional design of another, is entitled to collect compensation -or damages- for the losses that flow from that injury. The nature and extent of the non-economic damages claim play a role in any intelligent assessment of case value according to Attorney Eric T. Kirk who works as a car accident lawyer. The goal of the law in this regard is to make an injured person “whole” for what has befallen them. Our system of civil justice in this country recognizes two varieties of compensation: economic damages, which are designed to compensate and make whole an injured person for the direct out-of-pocket losses occasioned by their injury, and noneconomic damages, which are designed to compensate any injured person for the physical and mental or emotional turmoil, trauma and distress created by their injury. Juries are instructed to consider a variety of factors, including things like humiliation, distress and aggravation. Anyone who has ever been injured through no fault of their own, and forced to undergo a lengthy and grueling recuperation can no doubt easily check off each component of their life that was altered, either temporarily or permanently, by the reality of coping with physical limitations or emotional limitations that flowed from their injury.

Non-economic damages are designed to compensate the victim of personal injury for the intangible losses that they have sustained as the result of the event. Most would agree without hesitation that money is a poor substitute for one’s health. No one would voluntarily surrender a body part in exchange for a check. However, monetary compensation for a  loss of bodily integrity has been around for a while. The idea is not going anywhere, and it is really at the core of the concept of damage. Many people refer to this notion by using a shorthand or abbreviation: “pain and suffering”. Certainly physical anguish, emotional turmoil, agony, and other unpleasant, physical sensations, are included in this concept, as are emotional or psychological scarring tumult and distress are likewise considered in this to fall under the label of non-economic damage. Everyone develops habits and routines are necessary to make sure that the basic requirements of their lives are met. When that normal flow in the course of one’ s life is disrupted through an act of negligence, the consternation, aggravation or required extra energy and time required are  the type of loss, albeit nuanced and singular, resulting from a car accident that can form the basis of a noneconomic damage personal injury claim. The successful personal injury plaintiff is most often one who is able to convincingly convey the specific details necessary to corroborate their loss and give it texture during their testimony.  The successful personal injury attorney will argue that any identifiable and articulable way in which the personal injury-causing event, or any of its consequences, have impacted the normal course and flow of  an injured person’s life is a loss-or a component of damage- that should be considered when fixing an economic noneconomic award.

If you or someone you love has been injured in an accident, contact an attorney near you for help immediately.