Imagine someone causes an accident and injures you, you may be wondering about what damages you might be able to receive. You may have heard you can receive compensation for pain and suffering, but may not know how that is determined. These are known as non-economic damages. Also, the law provides for the recovery of economic damages.
1.Economic damages, often called ‘special damages’ cover wages, medical expenses and other similar type economic damages; and
2.Non-economic damages, often called ‘general damages’ cover pain and suffering and changes to your life.
Economic damages are easier to understand. They normally cover quantifiable damages you have incurred/lost because of an accident and injury. An economic value may also include the lost ability to do household chores around your home and yard, or to the lost ability to provide services to your family.
Non-economic damages are not as concrete. They can involve physical and emotional injuries and can vary greatly depending on the facts. Some people heal and have no long term consequences, while others do not. Often a person with a pre-existing injury is more susceptible to longer-lasting symptoms. Emotionally chronic injuries can change a person’s life and are more difficult to overcome than people who have not suffered from a chronic injury realize. The change in the enjoyment of life is real. We all want to pursue life, liberty, and happiness.
Economic damages are calculated by simply adding up medical bills and other monetary losses. Non-economic damages are usually the greatest portion of personal injury damages. No multiplier formula can predict non-economic damages, just based on economic losses. Beware of insurance adjusters who try to tell you, for example, that your whole case is worth only three times the economic losses; that rarely is true. Each case is unique, and the non-economic damages can be real and substantial. Most people would turn back time to avoid the chronic symptoms they now have to live with. What is the fair trade value for these symptoms?
In assessing the fair trade value of non-economic damages, we often look at various things. What symptoms have you experienced, for how long, and how severely? What activities have been affected? How have the symptoms changed your life? How have the symptoms changed your activities/hobbies you previously engaged in? Have your symptoms changed the way you can interact with others? Are you more isolated, irritable, immobile or unavailable? Are the symptoms affecting your sleep?
An experienced personal injury attorney should have some familiarity with valuing cases since this is what these are the types of cases they work on. Our firm has internal methods of valuing cases that we can share with you as your case proceeds.
For more information on the damages you might be able to receive, contact Bidegaray Law Firm, LLC at 406-522-7744 to arrange a free consultation. Learn more about our services.
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