If you were injured by someone else’s conduct, you may be entitled to recover compensation for your injuries. The losses that you sustained as a result of the incident are collectively referred to as legal damages. Some damages are financial in nature, while others are more difficult to value.
Non-economic damages may not have a receipt or invoice associated with them. However, they can account for a large part of the total recovery in a personal injury claim. You can learn more about non-economic damages below.
Types of Damages in Personal Injury Cases
Damages in personal injury cases are not always directly tied to financial losses. They are generally grouped into two major categories — economic damages and non-economic damages.
Economic Damages
Economic damages are losses that have a direct financial impact. Injury victims will typically have receipts or other evidence that proves a specific dollar amount for these damages. Some common examples of economic damages include the following:
- Medical bills
- Lost wages
- Vehicle repair costs
- Physical therapy expenses
- Home healthcare expenses
Putting a dollar amount on economic damages is fairly easy, and the evidence used to prove the amount of these damages should be easily obtained.
Non-Economic Damages
It is much harder to put a specific dollar amount on non-economic damages. These are damages suffered by the victim that do not have a direct financial impact. However, monetary compensation is the method by which the law allows the victim to be made whole again.
Proving the value of non-economic damages can sometimes be a little tricky, but there are some common calculation methods that are used. The value of these damages can sometimes be more than five times the value of a victim’s economic losses. Typically, the value of non-economic damages is directly tied to the extent and severity of the victim’s injuries.
What Types of Claims Include Pain and Suffering Damages?
Pain and suffering is one kind of non-economic damage that is often present in personal injury cases. If you suffered a physical injury during an accident, there is an element of pain and suffering to that injury. Some common types of claims that include pain and suffering damages include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Dog bite cases
- Slip and fall accidents
Remember that the insurance company handling your claim is looking out for their bottom line. They may attempt to minimize your pain and suffering or make you believe that it does not exist at all. Keeping detailed records, such as a pain diary, can help prove your case.
Document all the details associated with your recovery. Make notes about your pain level throughout the day while performing routine tasks. An experienced Texas personal injury attorney can help you fight against the insurance company and get you the compensation to which you are legally entitled.
Common Types of Non-Economic Damages
The Texas civil statutes specifically list a number of items that may be considered non-economic damages. That list includes the following:
- Physical pain and suffering
- Mental or emotional pain or anguish
- Loss of consortium
- Disfigurement
- Physical impairment
- Loss of companionship
- Loss of enjoyment of life
- Damage to your reputation
The list also includes a catchall that covers nearly any other type of non-economic loss except punitive damages. Punitive damages are a special type of damages designed to punish the defendant for their behavior.
How to Calculate the Value of Non-Economic Damages
Two common methods are used to calculate the value of economic damages. The first is the most common, and it is known as the multiplier method. Based on the severity of the physical injuries, a multiplier, typically between 1.5 and 5, is assigned to the claim. The economic damages are then increased by the multiplier to find the value of the non-economic damages.
Cases with less severe injuries will use a lower multiplier, while higher multipliers are reserved for claims with severe or catastrophic injuries. For example, a victim with $5,000 in medical bills and a claim multiplier of 2 may see $10,000 in non-economic damages. The total recovery would be $15,000.
Another method for calculating these damages is the daily value method. Again, a daily value is assigned to the claim based on the severity of the injuries. That daily value is multiplied by the number of days from the accident and the victim’s maximum medical recovery.
An experienced personal injury attorney can help you properly assess the value of your non-economic damages. They can also help you present the evidence to prove your claim and help keep the insurance company from taking advantage of you.
Filing a Texas Personal Injury Lawsuit That Includes Non-Economic Damages
If you were injured in an accident, you only have a certain amount of time to bring a lawsuit for damages. The statute of limitations in Texas for personal injury lawsuits is generally two years. In some situations, the timeframe may be even shorter.
Failure to bring your lawsuit within the specified time period can completely prevent you from recovering any damages. This is why it is so important to seek the help of an experienced attorney immediately after an accident. They can help ensure that your lawsuit is filed in a timely manner so that you get the compensation you are owed.
Contact the Dallas Personal Injury Law Firm of Bush Personal Injury and Car Accident Lawyers LLC Today For Help
For more information, please contact the Dallas personal injury law firm of Bush Personal Injury and Car Accident Lawyers to schedule a free consultation today.
Our office is conveniently located in Dallas, near the Dallas Downtown Historic District. We serve statewide throughout Texas.
Bush Personal Injury and Car Accident Lawyers LLC
701 Commerce Street, Suite 703
Dallas, TX 75202
(214) 615-6394