A List of Conditions that Are Compensated Under Non-Economic Damages

Different types of damages are available to compensate injured parties. While economic damages, such as medical expenses and lost wages, can be easily calculated, non-economic damages are more difficult to determine. Non-economic damages refer to the physical, emotional, and psychological harm suffered by the victim as a result of the injury. They are intended to help ease the injured party’s pain and suffering and provide them with some form of justice for their ordeal.

This article will provide a list of conditions that are commonly compensated under non-economic damages in a personal injury claim. It is important to note that this list is not exhaustive, as each case is unique and the type and amount of damages awarded will vary.

Common Conditions Compensated Under Non-Economic Damages

Pain and Suffering

Pain and suffering can be physical, emotional, or a combination of both. It refers to the pain and discomfort experienced by the injured party as a result of their injury. This can include physical pain, mental anguish, emotional distress, loss of enjoyment of life, and more.

In personal injury cases, the severity and duration of pain and suffering are taken into account when determining non-economic damages. For example, a person who has suffered a permanent disability due to an accident will likely receive higher compensation for pain and suffering compared to someone who only suffered minor injuries.

Emotional Distress

Emotional distress is a type of non-economic damage that compensates for the psychological impact of an injury. This can include anxiety, fear, depression, and post-traumatic stress disorder (PTSD). In some cases, emotional distress can be just as debilitating as physical injuries and may require ongoing therapy or treatment.

It is important to note that emotional distress must be supported by evidence in order to be compensated under non-economic damages. This can include medical records, witness statements, and expert testimony from mental health professionals.

Loss of Consortium

Loss of consortium refers to the loss of companionship, love, support, and intimacy between spouses or family members as a result of an injury.

For example, if someone suffers a brain injury in a car accident and can no longer engage in activities they used to enjoy with their spouse, the spouse may be eligible for non-economic damages for loss of consortium.

Loss of consortium can also include the impact on the injured party’s ability to care for their children or participate in family responsibilities. This type of damage is often awarded in cases where the injured party has suffered a permanent disability or impairment.

Disfigurement

Disfigurement refers to any physical changes or scarring that occur as a result of an injury. These changes can significantly impact one’s self-esteem and confidence, leading to emotional distress and mental anguish.

In personal injury claims, non-economic damages for disfigurement may be awarded to compensate for the visible and permanent changes that affect a person’s appearance.

Inconvenience

In some cases, the injured party may experience inconvenience as a result of their injury. This can include having to make frequent trips to doctors’ appointments, being unable to participate in daily activities, or needing assistance with tasks they could previously do on their own.

While not all personal injury cases involve this type of non-economic damage, it is still important to mention it as it can have a significant impact on one’s quality of life and should be considered when determining compensation.

How Non-Economic Damages are Calculated

Unlike economic damages, there is no set formula for calculating non-economic damages. In most cases, the amount awarded will depend on the severity of the injury and its impact on the injured party’s life.

Some common factors that may be considered when determining non-economic damages in a personal injury case include:

• Age of the injured party
• Nature and extent of injuries
• Impact on daily life and activities
• Emotional distress and mental anguish
• Effect on future earning potential

It is important to seek legal advice from an experienced personal injury lawyer to ensure you receive fair compensation for your non-economic damages.

Final Thoughts

Personal injury claims can be complex and emotional, especially when it comes to determining non-economic damages. While there is no set list of conditions that are compensated under non-economic damages, the ones mentioned in this article are commonly seen in personal injury cases.

If you have been injured due to someone else’s negligence or wrongdoing, it is important to seek legal advice to understand your rights and options for compensation. Non-economic damages can help compensate for the physical, emotional, and psychological harm suffered as a result of an injury and provide some form of closure for the injured party.