Understanding Non-Economic Damages
After the shock of a car accident caused by someone else’s negligence, you’ll likely have to deal with insurance companies, confusing paperwork, and unexpected problems at work or home. Many people focus on the bills and lost wages. However, the impact of a crash isn’t always found on a receipt or pay stub.
Non-economic damages cover losses that are harder to measure, like pain or changes to your daily life. In Massachusetts, these damages play a significant role in car accident cases. They recognize that facing an injury often goes far beyond medical costs – your peace of mind and enjoyment of life can be deeply affected, too.
You must meet certain thresholds to file for non-economic damages after a car accident in Massachusetts
Under Massachusetts law, you must meet certain requirements to be allowed to file for pain and suffering after a car accident. You must have at least $2,000 in reasonable medical bills or suffer a specific serious injury, such as breaking a bone, losing “all or part of a body member,” permanent or major disfigurement, or losing your sight or hearing. If you lose a loved one in the accident, you can also sue for non-economic damages.
If you don’t meet one of those standards, you usually can’t claim pain and suffering in court after a car accident in Massachusetts.
Most common types of non-economic damages
If you are hurt by someone else’s negligent actions, money can help with bills and lost wages. But there are other types of losses that are harder to put a price tag on. The law calls these non-economic damages. They try to compensate for real suffering that doesn’t come with a price tag. Some of the most common types include:
Pain and suffering
Pain and suffering include the physical pain you experience after an injury. This could include things like constant pain, trouble sleeping, or side effects from surgery that often follow people every day.
Emotional distress
Emotional distress is a legal term that covers conditions like anxiety, depression, nightmares, paranoia, panic attacks, or even post-traumatic stress (PTSD). These wounds may not be visible, but the impact is undeniable. Proving emotional distress often means showing ongoing treatment or noticeable changes in the way someone acts around their friends and family.
Loss of enjoyment of life
When an accident robs people of things they once loved to do, such as exercising, playing with their kids, going out with their partner, or anything they once enjoyed but now can’t, loss of enjoyment of life comes up. You may not notice the impact initially, but small daily pleasures or significant life events might not be the same.
Loss of consortium
Serious injuries sometimes change family relationships. A spouse may become a caregiver rather than an equal partner. Parents may lose out on walking their child to school or joining them at important milestones. The law recognizes that the damage doesn’t end with the injured person. The people who relied on the victim’s love or support also lost out.
Courts understand that not everything lost can be easily calculated into a monetary amount, but that doesn’t mean they should be ignored. Certain family members may, therefore, be able to file these claims.
How non-economic damages are calculated
Making sense of how pain and suffering damages get calculated isn’t an exact science. While medical bills or lost wages have direct numbers attached, non-economic damages require an extra step. Courts and insurance companies may look at several factors to reach a fair amount.
Severity of injury and level of physical pain
The seriousness of your injuries is one of the first things considered when estimating this kind of damage. That means both the physical and emotional pain are measured. A broken bone that fully heals isn’t assigned the same value as significant spinal cord trauma or brain injuries. More visible or intense suffering often leads to higher amounts.
Recovery time
If you spend months in the hospital, undergo multiple surgeries, or need a longer healing period, the payout for damages is likely to increase. People are usually awarded more for drawn-out recoveries compared to short or straightforward ones.
Permanence of injuries
Permanent injuries are almost always going to bring higher non-economic damage awards. Long-term pain, loss of muscle function, paralysis, or traumatic brain injuries drastically raise the amount owed since victims must now navigate permanent changes in their bodies.
Effect on daily life
Next, how the injuries have changed your daily routine will be looked at. Damages increase if you can no longer go to work, care for family members, or take part in hobbies you used to enjoy. Pain that stops someone from playing with their children, that causes loss of mobility, or that leads to withdrawal from past interests can make a big difference because it disrupts day-to-day living.
Opinions from medical professionals
Testimony from doctors, therapists, and sometimes mental health experts holds weight. Their skilled knowledge helps outline just how severe your physical and mental suffering is and will continue to be in the future. They also share what the recovery looks like and clarify what symptoms could persist.
Figuring out the value of non-economic damages is definitely more difficult than determining medical expenses and lost wages, but it’s an essential aspect of your personal injury lawsuit that a legal professional can help with.
Non-economic damages are harder to calculate than medical bills, lost wages, and property damage. However, that doesn’t mean you shouldn’t try. When you work with a car accident injury lawyer, they’ll help you get every type of compensation you’re entitled to. We have decades of experience calculating non-economic damages and will do everything we can to help you seek maximum recovery. Contact The Law Offices of Gerald J. Noonan today to schedule a free consultation.