Damages are the remedy when another party causes you injury and losses. You must prove the other party caused your injuries before the court will hold the party financially liable for your losses. However, once you prove your case, you can receive compensatory damages.
Non-economic damages compensate you for the pain and suffering caused by the trauma of the accident, physical injuries, and emotional distress. In contrast, economic damages include out-of-pocket expenses, medical bills, and lost wages. It is important to maximize economic damages because they could impact the value of your non-economic damages.
You can recover several types of non-economic damages for a personal injury claim. An experienced injury lawyer can help you determine the types of damages in your case and how much your damages are worth.
The Types of Non-Economic Damages Included in a San Diego Personal Injury Case
Non-economic damages might include, but are not limited to:
- Physical pain and discomfort: Injuries can cause severe, ongoing pain, and medical treatments may also lead to additional discomfort.
- Emotional distress and mental anguish: Accidents can result in psychological conditions like depression, anxiety, PTSD, and embarrassment due to scarring or impairments.
- Diminished quality of life and loss of enjoyment of Life: Injuries may limit a victim’s ability to work, perform daily tasks, or enjoy activities they once loved, sometimes permanently.
- Impairments, disabilities, and disfigurements: Severe injuries, such as spinal cord injuries or traumatic brain injuries, can cause permanent disabilities or disfigurements, negatively impacting various aspects of life.
- Loss of consortium: A spouse may claim loss of consortium for the loss of love, support, companionship, and physical intimacy due to the victim’s injuries.
In San Diego personal injury cases, non-economic damages play a crucial role in compensating victims for the intangible losses they experience. These damages recognize the profound physical, emotional, and psychological toll an injury can take on a person’s life.
Placing a Value on Your Non-Economic Damages for a Personal Injury Case
Valuing pain and suffering can be incredibly challenging. Everyone’s suffering is unique. Even when two people sustain the same injury, their pain levels and suffering may be quite different. Therefore, we analyze the factors in your case to determine the level of suffering caused by your injuries and experience.
Factors used in calculating pain and suffering include:
- The types of injuries you sustain
- The severity of impairments and disabilities
- The type of medical treatments you received for your injuries
- The length of your recovery period
- Your appearance before and after the accident (i.e., disfigurement and scarring)
- Whether you can return to work or perform any job duties
- The impact your injuries have on your relationships with friends and family
- The limitations on activities
- Whether you can care for your basic needs
- The level of long-term nursing and/or personal care
These factors are used in both methods of calculating the value of non-economic damages. Some insurance companies use special software that acts as a “pain and suffering calculator.” However, those methods may not consider all factors that impact the value of pain and suffering damages.
Your lawyer will be able to help you prove your case, even hiring experts if necessary.
Methods for Calculating Non-Economic Damages
Parties in a personal injury case often use one of two methods for valuing non-economic damages. Those methods are:
Multiplier Method
This method uses the total of your economic damages and a multiplier to determine how much your pain and suffering are worth. The multiplier (i.e., a number between one and five) is based on the severity of your injuries and suffering.
We consider the factors in your case to determine the multiplier. Generally, the multiplier is higher in cases involving severe injuries or permanent impairments. For example, complete paralysis may justify a multiplier of five. On the other hand, a broken leg that heals after a few months of physical therapy may justify a multiplier of two.
Per Diem Method
The per diem method also uses the above factors, but instead of a multiplier, we determine the daily value of pain and suffering. The daily value is multiplied by how many days you took to recover from your injuries. Generally, the recovery period runs from the date of injury through the date your doctor releases you from treatment.
What Is the Deadline to File a Claim for Non-Economic Damages in California?
Your non-economic damages are part of your personal injury claim. California’s statute of limitations for most personal injury cases is two years. However, there are exceptions, so seek legal advice as soon as possible.
Get More Information About Damages in a San Diego Personal Injury Case
You could be entitled to substantial damages if another party caused your injuries. Call Pines Salomon Injury Lawyers, LLP, to schedule a free consultation with one of our San Diego personal injury lawyers, and let us help you pursue maximum compensation for your claim.