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After an injury, victims incur damages far beyond paid medical bills and lost wages. Non-economic damages are meant to compensate for the intangible injury-related damages that the victim experiences, including pain, suffering, and emotional distress that impact daily living.
Proving non-economic damages is often tricky because there is no easy evidence that can be assigned a monetary value. Bagen Law understands the challenges posed by non-economic damages. Founded in 1983, Bagen Law Accident Injury Lawyers has over 100 years of combined experience and has secured hundreds of millions of dollars in settlements for clients across Florida.
The injury attorneys at Bagen Law Accident Injury Lawyers work with the client, gathering evidence to provide compelling proof of how the injury has affected the client both physically and emotionally.
What are Non-Economic Damages?
Non-economic damage can be challenging to assign a monetary value to. Non-economic damages may include:
- Physical Pain and Suffering
- Emotional Distress and Mental Suffering
- Loss of Enjoyment of Life and Activities of Daily Living
- Scarring, Disfigurement, or Disability
- Loss of Companionship, or consortium.
How Does Bagen Law Help Prove Non-Economic Damages?
Gathering Medical Documentation
Medical documentation from health care providers establishes the existence and duration of physical injury. Documentation showing the ongoing pain the individual has suffered, psychological assessment, or therapy documentation establishes emotional pain related to the injury sustained.
Gathering Client Testimonials
We ask clients to share their experiences as they relate to how they have had to adjust to their injuries. Additionally, attorneys work to obtain testimonies from family members, friends, or co-workers that exemplify first-hand knowledge of how a client is suffering and/or how their lifestyles may have changed.
Working with Expert Witnesses
Expert witnesses, such as doctors, mental health professionals, or rehabilitation specialists, can testify to the impact of the injuries or conditions as it relates to the meaning of the injuries or long-term impact and can further verify the legitimacy of the claim for non-economic damages.
Compiling Evidence with Documentation
Pictures and/or videos of injuries or recovery and journals with pain symptoms can be substantive evidence as proof that non-economic damages have occurred over time.
Why Proving Non-Economic Damages Matters
Non-economic damages often account for the largest portion of a fair settlement or award for injured parties. Record keeping is important, and keeping evidence that supports fair compensation is crucial; without evidence, victims will likely not be paid for their losses.
Key Factors Bagen Law Considers
- The extent of the injury and the lasting residual effects on the individual.
- Time to heal from the pain and suffering experienced.
- Impact on the mental state and quality of life.
- Any lasting disfigurement or loss of function.
Takeaways
- The purpose of non-economic damages is to compensate for the non-tangible damage experienced by the victim, pain and suffering, and emotional distress.
- It is usually harder for the injured party to establish non-economic damages than to prove economic damages, and there is often a fair amount of documentation.
- Bagen Law focuses on supporting the case to leverage non-economic damages through an extensive review of medical records, opinions from professionals, and first-hand knowledge of the injury.
- Proving non-economic damages can have a significant impact on a settlement or award.
- At Bagen Law, they take a personal approach and work to understand the total impact of the injury.
